HomeMy WebLinkAbout02-25-02 Budget & Administration Committee Meeting Agenda BUDGET AND ADMINISTRATION COMMITTEE
MONDAY, FEBRUARY 25, 2002
7 :00 P.M.
COMMON COUNCIL CHAMBERS
AGENDA
Statements from the Public
Amendments to Tonight' s Agenda
A. Common Council
1 . Reserved Community Service Agency Funding - Discussion
2 . Request Sponsorship of Celebration - Resolution
B. Youth Bureau
1 . Request to Approve 2002 Recreation Partnership Agreement -
Resolution
C. Planning Department
1 . Request Funds for Parking Studies - Resolution
D. Police Department
1 . Request Approval of Mutual Aid Assistance Agreement with
the County of Tompkins - Resolution
E. Reports
1 . Approval of October, 2001 Budget Meeting Minutes
2 . Approval of September 25, 2001 and October 29, 2001 B & A
Minutes
3 . Mayor' s Report
4 . Council Members' Announcements
5 . Next Month' s Meeting: March 27, 2002
Susan Blumenthal, 08 :33 AM 2/28/02 , Firehouse funds and public art
X-Sender: dlk8 @postoffice3.mail.cornell.edu
Date: Thu, 28 Feb 2002 08:33:03 -0500
To: domc @ci.ithaca.ny.us
From: Susan Blumenthal <susanb @cityofithaca.org>
Subject: Firehouse funds and public art
Hello Dominick,
Below is the resolution for transferring Firehouse funds. Please add a
proper title and Resolved clause(s) . Also, please check the first whereas
and change Community Service Projects if that's not the correct name of the
budget title.
I'll be here until 1:30 if you have questions. Thanks very much.
Susan
Resolution to transfer funds ----- Dominick to write title ------
��\..11. � _'V 1.� �� /.1 l 41.C, ✓0 �����-�,`�/
Whereas, Common Council allocated $3500 in r ^. -� c :� y funds as
part of the Community Service1P*e+eet-r allocation in the 2002 budget for
the Firehouse Theater, and 1�U-t4 C04*xup
Whereas, the Firehouse Theater in no longer operating, and
Whereas, a request has been made to reprogram this money to hire staff
support to assist the Public Art and Design Commission in developing a plan
for public art, and
Whereas, said plan will provide a framework and mechanisms for
implementation of a public art program, and
Whereas, transferring the Firehouse funds to the public art project will
help enrich the visual and aesthetic environment of public, private and
semipublic spaces in the city, and
Whereas, the Budget and Administration voted to approve this request at its
February 25 meeting, now therefore be it
Resolved, that ---------- Dominick to insert language to transfer money ------
(�MKAA�O,
-�. p 2. t L C T l� inn lM l V f Pq 1,00'2—
Printed for Dominic Cafferillo <domc@ci.ithaca.ny.us> 1
Steven Tha er Firehouse Page 1
From: "Patricia Vaughan" <pvaughan @fcsith.org>
To: "Pater Mack"<peterm @cityofithaca.org>, "Patricia ...
Date: Tue, Feb 19, 2002 11:24 AM
Subject: Firehouse
Gary Weisbrot of the former Firehouse Theater has come to speak to me.
Their deal with Ralph Thorpe has fallen through, and Gary has informed me
that they will not be able to use the building or the money this year. They
are exploring other ways to make community theater a possibility, but are
not in a position to use the money.
We will need to decide what we want to do with the $3500 which we have
reserved for the Firehouse. I would like to have this as a discussion item
for the February 25th B&A agenda. Perhaps after that discussion we could
have a recommendation to Council.
Pat
CC: <mayor @lcityofithaca.org>, <stevet @cityofithaca.or...
Youth Bureau - Request to Approve 2002 Recreation Partnership
Agreement
RESOLVED, That the Mayor be authorized to enter into an
agreement with the Towns of Caroline, Danby, Dryden, Enfield,
Groton, Ithaca, Newfield and Ulysses, the Village of Lansing and
Tompkins County for the term beginning January 1, 2002 and
continuing through until December 31, 2006 for the
Intermunicipal Cooperative Recreation Partnership Agreement
attached.
Carol Shipe- Fw: U dated language for Recreation Partnership A reement „ r Page 1
From: "Patricia Vaughan" <paty @main.ci.ithaca.ny.us>
To: <carols @cityofithaca.org>, <domc @cityofithaca.org>...
Date: Monday, February 18, 2002 2:59:59 PM
Subject: Fw: Updated language for Recreation Partnership Agreement
Here's the revised and presumable final Rec Partnership agreement.
It should go on the agenda for Feb. 25.
Pat
----- Original Message-----
From: "David Whitmore"<dkw2 @cornell.edu>
To: <paty @cityofithaca.org>
Sent: Sunday, February 17, 2002 1:52 PM
Subject: Updated language for Recreation Partnership Agreement
Pat,
Enclosed please find instructions from the Rec Partnership Board re:
new language for the Rec. Partnership Agreement.
Let me know if you have any questions.
Municipalities that have already passed the agreement will amend it
at their next meeting to reflect the new language.
Note: Attached agreement with new language.
David
If your municipality has not yet approved the January 8th version,
please substitute the attached February 11th version.
I am enclosing a revised copy that includes the revised language.
"Pursuant to Section 119-o of the General Municipal Law, the
undersigned municipalities hereby enter into this Agreement to form
a five year renewable Recreation Partnership.
This agreement shall become effective upon execution by each and
every municipality listed below and shall be in force for the period
beginning January 1, 2002 through December 31, 2006 and may be
renewed for an additional five years by appropriate resolution by
the municipal partners on or before December 31, 2006 all other
terms and conditions of this agreement remaining the same. If all
of the approvals and signatures are not obtained by April 30, 2002
this agreement shall be null and void."
Nancy Zahler Tompkins County Youth Bureau 320 W. State St. Ithaca, NY
Carol Shi lJ dated Ian page for Recreation Partnershi A reement Pa a 2'
14850 Phone: 607-274-5310 Fax: 607-274-5313 nzahler @tompkins-co.org
4 ree2-1.doc _. . Pa e 1
AGREEMENT FOR INTERMUNICIPAL COOPERATIVE
RECREATION PARTNERSHIP
Pursuant to Section 119-o of the General Municipal Law, the undersigned
municipalities hereby enter into this Agreement to form a five year renewable
Recreation Partnership.
This agreement shall become effective upon execution by each and every
municipality listed below and shall be in force for the period beginning January 1,
2002 through December 31, 2006 and may be renewed for an additional five years
by appropriate resolution by the municipal partners on or before December 31, 2006
all other terms and conditions of this agreement remaining the same. If all of the
approvals and signatures are not obtained by April 30, 2002 this agreement shall be
null and void.
Establishing a Program
The parties hereby establish an on-going program partnership for the purpose of jointly
planning, financing,providing, and coordinating shared, recreational services that supplement
and complement those offered by localities. A governing board of partners will direct and
oversee the contracted services of the Ithaca Youth Bureau's Recreation Division and other
providers. The Partnership will be governed independently of any municipality. The
Partnership will have no authority over any locally planned, locally funded, and locally
operated programs except at the request of the sponsoring municipality. Local programs may
choose to use the Partnership as a vehicle for voluntarily sharing information, equipment,
publicity about programs, and/or coordinating their respective services. The Ithaca City
School District participates by providing access to school facilities for Ithaca Youth Bureau
programming in a reciprocal and mutually beneficial arrangement outlined in a Memorandum
of Understanding.
Sharing Program Costs
1
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r,. P .2
For 2001, the Ithaca Youth Bureau, in consultation with the current Recreation
Partnership Board, developed a diverse set of services that cost no more than $185,000 after
program revenues were subtracted.
This required a combined approach of increasing sponsorships, raising fees, trimming costs
and reducing new offerings since the projected cost for 2001 was originally$195,000.
The $185,000 in net operating costs of programs was split four ways. The City of
Ithaca paid one quarter of the total, the Town of Ithaca paid one quarter, and the County paid
one quarter.The remaining one-quarter was shared among smaller municipalities.
The cost for each smaller municipality was calculated using an index that combined
the 1999 assessed value of its taxable properties in the Ithaca School District and its share of
program participation in 1998. The Planning Group selected this formula, which assigns the
assessed value twice the weight of participation, for several reasons. First, the use and
weighting of assessed value was used as a measure of each municipality's ability to pay for
services. Second, the formula recognizes that children from the Ithaca City School District
have been significant users of the services and a number of municipalities have been
concerned about providing equitable support to all their youth. Third, the use of Ithaca City
School District properties as opposed to the municipalities' full assessment, acknowledges
that towns like Dryden, Ulysses, Groton, and Lansing also invest significantly in their own
local recreation programs which are used primarily by children from their own school
districts. Finally, by assigning a heavier weight to the assessed values of properties in the
Ithaca School District, the amounts in this fiscal scenario resulted in more modest changes
over the current amounts than most of the other formulas considered. A chart outlining 2001
and 2002 proposed costs is attached as Appendix 1.
To determine future contributions:
A) The governing board shall review preliminary budget projections by May and decide
on the acceptable net program cost for the upcoming year;
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a reel-1.doc Pa e 3
B) The governing board shall develop budget guidelines for allocating the cost of any
agreed upon increases. e.g. The governing board may specify how much of the
increase should be raised through fee increases, how much is to be raised through
sponsorships,how much through cost cutting, and how much should be subsidized
by partners;
C) Every year, the participation rates of the three previous years shall be reviewed,
averaged and used along with the most recent assessed valuation to re-calculate the
members' contribution rate for the upcoming year;
D) The governing board shall periodically re-examines the basis for cost allocation (e.g.
The 4 way split and the use of the index with smaller municipalities) for all
participating municipalities.
If the City is not able to achieve an acceptable facilities agreement by
July 1, 2002, the City Youth Bureau, as a provider, reserves the right to re-
negotiate the facility costs charged to partners for Ithaca Youth Bureau
Recreation Division Programs beginning in January 2003.
Governance
Name: The governing board shall be called the Recreation Partnership Board. It will
replace the Recreation Partnership Board that existed from 1995-2000.
Membership: The board shall have a total of 14 members. The partners include:
Towns of Caroline, Danby, Dryden, Enfield, Groton, Ithaca, Newfield and Ulysses, the
Village of Lansing,City of Ithaca and Tompkins County. Each participating municipality will
have at least one seat on the governing board (11). The Recreation Planning Group
recommends that these seats be filled with an elected official willing and able to make policy
decisions. When deemed necessary by any municipality, a lay designee who has the
confidence of that municipal board may be appointed.
In addition,the City of Ithaca,the Town of Ithaca, and Tompkins County may appoint
one more representative each to reflect their greater investment in the Partnership (3). These
additional appointed representatives may be elected or lay members. The Recreation
Partnership Board may determine if it wants to create any non-voting at-large seats to add
expertise or coordinating links to other key stakeholder groups e.g. Ithaca School District,
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acree2 1 doc Page 4
youth with disabilities.
Members will serve two-year terms.
The governing board will elect its own officers: a Chair,a vice chair,and a treasurer.
4
a reel-1.doc a.
Page 5
Roles of the Recreation Partnership Board
The Recreation Partnership Board will develop its own operating by-laws to be ratified
by all municipal partners. Future amendments will be subject to ratification by all
participating municipalities.
The Board will develop a work plan of key policy,program, and planning issues to be
addressed annually.
The Board will select providers,set program and budget priorities,and approve the net
operating budget for programs, set fees for all programs and sponsorships and fiscal targets
and guidelines for scholarships for use by the provider(s). Municipal boards will ratify the
budget annually.
The Board will meet monthly to review progress toward goals, address policy
questions, review performance data, and finances to assure that provider(s) are meeting the
goals and expectations of the partners.
The Board will authorize any addition or deletion in programs and acceptance of any
large group sponsorships.
The Board will periodically evaluate the performance of its providers and make
recommendations to enable providers to improve services
The Board may assign a liaison to program advisory committees to work with the
group and staff to identify any policy questions that need action by the full governing board.
Recreation Partnership Board representatives will be required to make regular reports
to their municipalities.
Roles of officers
The Chair shall develop the agenda in consultation with the Tompkins County Youth
Bureau staff and providers, chair the meetings, represent the Recreation Partnership Board at
inter-municipal or public meetings, assist as needed in contract negotiations to implement the
wishes of The Recreation Partnership Board.
The Vice Chair shall act in the absence of the chair.
5
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The Treasurer will work with the provider(s) and Tompkins County Youth Bureau
staff to develop a format for regular financial reports that meet the needs of the Recreation
Partnership Board. The Treasurer will review the financial report prior to the Board meetings
and present the report to the full Board, noting any significant changes in expenses or
revenues. The Treasurer will recommend to the Board a budget timetable and guidelines to
enable providers to prepare budgets for the upcoming year.
Fiscal agent and staff support: The participating municipalities will make their
payments to Tompkins County. The funds will be managed as a separate program within the
Tompkins County Youth Bureau's budget. The County Youth Bureau will contract with and
make payments to providers authorized by the Recreation Partnership Board.
It is a goal of the Recreation Partnership Board to establish a program coordinator position
that would exist independent of any individual participating municipality. Within two years
of signing the agreement,the Recreation Partnership Board will develop a proposal that
includes the role and relationship of the coordinator to the partnership board,its members and
providers,the duties and qualifications of the position, the cost to members,and
designate the employer of record. The proposal shall be reviewed by all participating
municipalities.
Staff from the Tompkins County Youth Bureau will work in close cooperation with
the Recreation Division of the Ithaca Youth Bureau and other providers to provide support to
the Recreation Partnership Board that includes:
• coordination of orientation to the Partnership and its services;
• orientation to the roles of the Recreation Partnership Board and its members;
• assistance in developing an annual work plan of priority planning, oversight, and
evaluation issues;
• assistance in developing policy options and guidelines as needed to implement the
work plan;
• preparation of meeting agendas in consultation with the Board chair and providers;
• preparation of minutes;
6
a�ree2 e1 doc ..Pa e 7
• preparation of contracts with providers as authorized by the Recreation Partnership
Board;
• coordination with the providers to assure that program and financial reporting meets
the needs of the Recreation Partnership Board;
• coordination with providers to assure that their program policy questions that require
Board decisions are acted on in a timely way;
• authorization of payments after Board review of expenses;
• assistance to the Board in monitoring and evaluating providers,as requested.
The provider(s)will be responsible for:
• providing the programs and services authorized by the Recreation Partnership Board in
compliance with all relevant laws and safety regulations;
• providing a summary of participation, program highlights, participant feedback,
expenses and revenues for each program within two months after the last date of the
provision of service to enable the Board to evaluate the program and make
recommendations for the future;
;articipants;
convening advisory groups as needed to review operational details of interest to
• providing adequate liability coverage for approved programs and holding the
participating municipalities harmless
• tracking and reporting expenses and revenues in formats requested by the Recreation
Partnership Board,in account(s)separate from the provider's main budget;
• tracking participation in formats and on a schedule requested by or acceptable to the
Board;
• periodically highlighting any trends or significant changes in programming,
participation, customer feedback, expenses or revenues for the Recreation Partnership
Board;
• recommending programs or changes to improve services and/or lower costs;
• working with the Tompkins County Youth Bureau to present any policy questions and
options related to programs or financing that require Board action.
FISCAL AND ADMINISTRATIVE ACCOUNTABILITY
Independence: The Partnership will be a free-standing inter-municipal commission
governed by its partners.
Role and Relationship of the City of Ithaca: In the past, the City of Ithaca has been a
member, the sole provider, coordinator, and the fiscal agent for the partnership. In the future,
the City will be a member responsible for one quarter of the program costs. Like other
members, it will make a payment to Tompkins County for its share of the approved budget.
Like Tompkins County and the Town of Ithaca, it will have two seats on the governing board.
Like other members, it may ask or convene local advisory committees to recommend the
7
...........I
-1.doc
kinds of recreation services they want for the residents of their own municipality.
As a provider selected to operate programs for the next two years, the City of Ithaca
will hire/contract staff as needed within the approved budget to provide services authorized by
the Recreation Partnership Board. The Ithaca Youth Bureau will be subject to normal civil
service rules and procedures and to approved collective bargaining agreements.As a provider,
the City will use its own facilities and may enter into agreements with other municipal
partners or agencies to use other facilities throughout the partnership for approved programs.
As a provider,the City will keep separate account of partnership funds and report in a
format and on a timetable requested by the Recreation Partnership Board.
Role of Tompkins County: Tompkins County is the fiscal agent for the Partnership.
The County shall provide bills to the municipalities based on the agreed upon cost allocation
and shall receive funds from the municipalities.
The County Youth Bureau will administer those funds in accordance with the wishes
of the Recreation Partnership Board by creating and managing contracts with designated
providers and making approved payments to providers. The providers will continue to be
responsible for tracking line item expenses and program revenues and will provide this
information in a format required by the Recreation Partnership Board.
Fiscal accountability
As a condition of this agreement, designated provider(s) will maintain completely
separate accounting for the Partnership that clearly shows all revenues by program,cluster and
total; that shows all expenses, including direct, administrative, and facility-related costs by
program,cluster and total.
The providers must be able to track surpluses and deficits across budget years.
The providers will prepare financial reports in a format that satisfies the governing
board which includes proposed budget,year to date cumulative expenses and revenues.
The providers will also identify any potential for under or over-spending in the
upcoming quarter so the governing board can make decisions on how to address changes.
8
agree2-1 doc Pa e'9.
How surpluses and deficits will be handled
The Recreation Partnership Board will decide how unanticipated under-spending or
surpluses will be handled. For example, a surplus or savings might be carried over for one-
time program expenses, reserved for future deficits, used to pilot new self-supporting
programs,used as credits to reduce next year's municipal payments or budgeted into a reserve
fund for equipment/vehicle replacement.
A provider may experience a deficit from shortfalls in revenue despite its due
diligence in trying to meet projections or unanticipated increases in costs. If this occurs, the
Recreation Partnership Board will, in consultation with the provider, develop a plan to handle
the deficit which may include: authorizing mid-year changes to increase revenue or cut costs;
authorizing use of a contingency fund.
How Municipalities Join or Leave the Partnership
The Towns of Lansing and Newfield may join the Partnership on a trial basis for one
year starting in 2001 at the costs shown in Appendix 1. During the trial period, they would
not be subject to the member withdrawal requirements listed below. If they elect to join,they
will be invited to appoint one elected official or designee to serve on the Partnership Board.
If any municipality chooses to join after October 2001, the Recreation Partnership
Board will decide how to handle the increased municipal contribution for the trial period.
After the trial year,the cost-sharing formula will be re-adjusted for all continuing partners.
A member municipality may elect to withdraw from the Partnership. Since a
withdrawal from the Partnership will financially affect all of the remaining partners, the
municipality seeking to withdraw must give fifteen months notice. E.g. A municipality must
notify the Partnership by October 1, 2001 of its intention to withdraw at the end of December
2002.
If a municipality withdraws and the remaining partners agree to assume some or all of
the shortfall caused by the withdrawal, the same cost allocation plan shall be used to re-
calculate their annual program contributions.
9
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Participation in Programs by Residents on Non-Member Municipalities
Residents from non-member municipalities are welcome to participate on a space-
available basis. Since they are not contributing through local taxes to subsidize the programs,
they will be charged a fee twice the rate charged to members OR the actual unsubsidized cost,
based on the prior year's calculation,whichever amount is higher.
Dated:
Town of Caroline
by
Town of Danby
by
Town of Dryden
by
TOWN OF ENFIELD
by
Town of Groton
by
Town of Ithaca
10
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by
Town of newfield
by
Town of Ulysses
by
11
a reel-1.doc Page 12
Village of Lansing
by
City of Ithaca
by
County of Tompkins
by
12
agree2-1.doc
Attachment 1
Cost Sharing Plan for Recreation Partnership Municipal Members
In the plan agreed to by all eleven participating municipalities, the cost to partners is
calculated by subtracting all fees and other revenues from the cost of providing
registration- based programs approved by the Partnership Board. Note: This net
cost does not include the operating costs of facilities offering open skating,
swimming. The net cost is to be shared according the following formula:
City of Ithaca shall pay one quarter.
Town of Ithaca shall pay one quarter.
Tompkins County shall pay one quarter to underwrite the cost to all municipalities.
Smaller municipalities shall share the remaining one-quarter.
Formula for sharing one quarter of the net cost of programs among smaller
municipalities:
The following figures were calculated using an index of assessed value of taxable
properties in the Ithaca City School District and the percentage of participation from
each municipality. As approved by the Recreation Partnership Planning Group and
Board, property assessments were assigned a value of twice that of participation.
(Detailed calculations are on file at Tompkins County Youth Bureau)
For 2001, the 1998 assessed values were used with 1998 participation.
For 2002, the 2000 assessed values were used with an average of participation in
98,99,2000
Partner 2001 2002
City of Ithaca $46,250 $47,638
Town of Ithaca $46,250 $47,638
Tompkins County $46,250 $47,638
Town of Caroline $5,618 $5,814
Town of Danby $7,622 $7,679
Town of Dryden $10,736 $10,377
Town of Enfield $4,821 $4,969
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agree?-1.doc u. Pane 14
Town of Groton $ 434 $ 414
Village of Lansing $11,046 $11,512
Town of Newfield $ 640 (pro-rated) $788
Town of Ulysses $5,972 $6,085
$185,000 $190,550
Youth/recreation partnership/finalversions/finalagree 1-09-02
14
i
T
LIE,
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-5690 FEB 2 J
DEPARTMENT OF PLA-NNING AND DEVELOPMENT
H. XL-kTTHYS VAN CORI DIRECTOR 01: PLANNING AND DF,"ELOPMENT
DOUGLAS B. McDONALD. DIRECTOR 01: ECONOMIC DEVELOPMENT
JOANN CORNISH, DEPL TY DIRECTOR OF PLANNING & DL%FLOP.MENT
Telephone: Planning & Development - 60--2-4-6550 COMMUnitV Development IL RA - (,O--2-4-0i;)
Email: planning(t:lcitvofitti.ica.c)rg Email: iLira-:citN oh0mcamrg
Fax: 607-274-6558 FaX, (10--2-4-0558
To: Budget&Administration Committee
From: Jennifer Kusznir, Economic Development Planner r111-
Date: February 19, 2002
Subject: Parking Garage Circulation Study and Green Street Garage Structural
Evaluation
Enclosed, please find a summary of the funding for the City's parking projects as well as
copies of a proposal to perform a structural evaluation of the Green Street Garage, a
proposal to perform the parking garage circulation study and a proposed addendum to the
contract of services for Wilbur Smith Associates.
Planning and Engineering staff recommend that these two additional studies be undertaken
before decisions are made regarding building new parking garages on Cayuga and Green
Streets or expanding the Green Street garage. The cost of the two additional studies as well
as the preparation of data for the study by Wilbur Smith Associates is $54,125. The
original capital project#250 for parking studies contained$140,000, of which$138,400 has
already been allotted for the current parking studies. The balance remaining in the Parking
Reserve Fund under Capital Project 250 after the price of all of the studies currently
underway is subtracted is $1,600. Another source of funding for these studies is Parking
Area Reserve Fund #4, which has $150,000 available. To that end, please find enclosed
three resolutions for your consideration.
Q:\PLANNINGIPROJECTS\ParkinglB&A Resolulion02-02-19.doc
"An Equal Opportunity Employer with a commitment to workforce diversification.- qW
Parking Projects and Funding
Original Funding
Parking Reserve Fund opened under CP 250 $140,000
Current studies
Desman - Parking Garage Feasibility Study not to exceed $ 84,000
Shears & Leese - Design not to exceed $ 26,400
TOTAL $110,400
Remaining Funding
Parking Reserve Fund $ 29,600
NDC (portion of contract) $ 28,000
TOTAL REMAINING $ 1,600
Studies to Fund
Parking Circulation Study (SRF) $ 15 q oGb
Data Prep by WSA $ 4,200
Green Street Garage Evaluation (Novelli) $ 34,200
TOTAL $ 5 ,
6-),
BALANCE $ (5 2, S)
Other possible funding
Parking Area Reserve Fund #4 $150,000
DRAFT 212C 02
BUDGET &ADMINISTRATION COMMITTEE
AGENDA ITEM FOR COMMON COUNCIL MEETING
February 19, 2002
Approval of Funding for Green Street Parking Garage Structural Evaluation
WHEREAS, the City is currently considering a proposal to expand the Green Street
Parking Structure, and
WHEREAS, the engineering department recommended that, before the City can
expand the existing Green Street garage, a full structural evaluation of the building
must be completed, and
WHEREAS, staff has received proposals from three engineering firms to evaluate the
Green Street garage, and
WHEREAS, only one of the proposals submitted by Novelli Engineering was for a full
structural evaluation and testing of the parking structure, and
WHEREAS,planning staff and engineering staff have reviewed the submitted
proposals and recommend that the City contract Novelli Engineering to perform the
structural evaluation of the Green Street garage, and
/-00
WHEREAS, the proposal submitted by Novelli Engineering is for$34,DWand there is
$150,000 reserved for Parking Area Reserve Fund #4, now, therefore, be it
RESOLVED,that the Mayor for the City of Ithaca is hereby authorized and
directed to enter into contract with Novelli Engineering to conduct a detailed
structural analysis of the Green Street Parking Garage and to make
recommendations to the City in regard to the structural condition of the Green Street
Parking Garage for an amount not to exceed $34,QeT, including all reimbursable
expenses, and be it further g°
RESOLVED, that contract with Novelli Engineering Firm be funded by Parking
Area Reserve Fund#4.
O:IPLANNINGIPROJECTSIParkinglB&A Resolubon02-02-19.doc
NOVELLI ENGINEERING
203 NORTH AURORA STREET
POST OFFICE BOX 7004
ITHACA.NEW YORK 1451-7004
(6071275-9707
(607)275-0964(FAX)
PDN @NOVEL Il-ENG.COM
January 23, 2002
Tim Logue
Department of Planning and Development
City of Ithaca
108 East Green Street
Ithaca,NY 14850
Re: Proposal for Structural Evaluation and Testing Services
Green Street Parking Garage
Dear Mr. Logue:
Our proposal for this project contains the following parts:
• technical proposal for a thorough condition survey including non-destructive testing and
evaluation of the garage
• structural analyses of the garage based on its present condition
• selection of proposed repair techniques and associated costs
• evaluation of alternate scenarios using life cycle costing approach: demolition,partial
demolition, repair
We can offer the City several advantages as the Engineer for this project:
• We all know that this garage suffers from deterioration typical for a 20-plus year old
parking garage in the northeast U.S. Indeed, one could write one report that would apply
to any number of similar garages. We think we offer different perspectives for evaluation
of this garage in addition to the obvious. This proposal contains options for evaluating
alternatives for repair and/or replacement of parts, or the entirety, of this garage. Life-cycle
costing can be employed in our analyses to provide the City with useful information for
decision-making.
• Peter Novelli has over 15 years of firsthand experience with this garage,providing a great
deal of understanding as to the performance and behavior of this particular structure. We
can track the history of repairs and their performance.
We are presently completing a project to investigate and design repairs to the bridge
connecting the helix to the garage over Green Street.
• Our office has continuing communications with some of the original players during design
and construction of this garage, providing the benefit of their insight.
Mr. Logue
January 23, 2002
Page 2
• We own a full range of nondestructive concrete testing equipment, an investment of tens of
thousands of dollars, that is unmatched even by the major materials testing firms in the area.
Testing will be accomplished with the participation of myself, the Principal Structural
Engineer for your project and not just by a technician sent by a testing firm working as
subcontractor to an engineering firm. Testing will be modified based on our findings as the
project proceeds.
For example, we are one of the first firms in the United States to own a portable ASTM-
certified chloride testing apparatus utilizing a photometer, which allows us to modify the
testing program as information is obtained, rather then ordering an inflexible testing
program and waiting two weeks or more for the results.
• Peter Novelli is an active member of ACI International (American Concrete Institute) and
has been appointed to the Committee on Service Life Prediction of Concrete. Service life
prediction is essentially the crux of the problem with the Green Street Garage. He is an
active member of International Concrete Repair Institute, and a member of its Structural
Strengthening Committee.
Our office has ties to some of the leaders in the field of nondestructive concrete testing and
repair.
Peter Novelli has recently_ authored the following publications and made the following
presentations: y
Long-Term Repair History of Parking Garage Helixes, 4th South African Conference on
Polymers in Concrete, Rand Africaans University, Republic of South Africa, 2000
(published proceedings). This paper was actually written about the Green Street Garage
and 14 years of repair history(copy enclosed).
Long-Term Repairs to an Historic Concrete Arch Dam, published in proceedings of
International Concrete Repair Institute Conference, June 2000.
Communication, Coordination and Concrete Problems, to be presented and published in
proceedings of Challenges in Concrete Construction 2002 Conference, University of
Dundee, Scotland.
Historic Concrete Dams: Evaluation and Preservation, American Society of Civil
Engineers, Ithaca Section, Cornell University, December 2001.
Nondestructive Concrete Testing, Presentation to Construction Specifications Institute,
Myrtle Beach, South Carolina, January 2002.
• Our office is working on similar projects in the northeast ranging from Vermont, to
Syracuse,to Philadelphia.
• Our office routinely designs new and innovative concrete structures with an emphasis on
long-term durability; we can compare the repair alternatives with full or partial replacement
options.
Mr. Logue
January 23, 2002
Page 3
Scone of Services
A. Testing and Evaluation
This phase of the work will be crucial to understand the status of both concealed and visible deterioration
in the structure. It will include:
1. Review repair history and performace of repairs to date.
2. Visual survey of all parts of garage. Digital photo documentation.
3. Delamination survey not only of all decks and helixes, but underside of slabs where
separation of the precast"filigree"slab may be of concern.
4. Electric potential half-cell measurement of corrosion potential throughout the structure,
using the Proceq Canin instrument. This instrument is capable of mapping corrosion
potential similar to a topographic map, showing trends and areas of increased activity.
Corrosion potential mapping is important because it indicates areas of increased activity,
even where they are not visible. We have found excellent correlation between large electric
potential and serious concealed deterioration.
5. Corrosion/resistivity measurements can be made at areas of high electric potential to
indicate ongoing active damage due to corrosion.
6. Chloride contamination: we will take concrete powder samples at helixes, bridge, upper and
lower decks, and beams. These will be measured for chloride content. Data will be
compared with chloride tests previously performed to indicate trends. Heavy chloride
contamination is, in our experience, one of the factors that renders parking garages"least
likely to succeed." Chloride combined with moisture accelerates corrosion of embedded
steel rebar which then initiates the familiar cycle of concrete spalling and delamination.
This proposal includes 90 chloride tests at $25 each.
7. Concrete cores will be taken for petrographic analyses. This test is performed by a type of
geologist known as a Petrographer. A thin slice of concrete is examined under high-power
magnification. Much information about the original makeup and life history of the concrete
can be obtained. These tests will be compared with previous petrographics to augment that
information and indicate trends in the status of the concrete.
We have allowed for 4 tests at $1200 each, including extraction of cores.
8. Carbonation tests on concrete indicate the extent of carbonation due to reaction of
atmospheric carbon dioxide with the alkali component of the concrete. This alkali
component helps to protect the rebar from corrosion by encasing it in an alkaline barrier.
Carbonation tends to progress further into the concrete with time and destroy this
passivating layer. We propose to perform carbonation testing on the cores extracted for
petrographics,plus other samples on the decks and helixes.
We have allowed for 12 tests at $25 each, including sample extraction.
Mr. Logue
January 23, 2002
Page 4
9. Pachometer testing: this locates concealed and embedded rebars and post-tensioning
tendons, determines their location, depth and size. This testing will be used to supplement
other tests where structural capacity is an issue.
10. Precast parapet panel weld anchorages: we propose to examine all of these. After an auto
struck a parapet wall in 1999, the weld anchors failed in a rather unsafe manner and the
panel, weighing tons, nearly fell. In our opinion any condition survey of the garage should
include a detailed examination of these connections and any repair recommendations should
include this.
11. Post-tensioning anchorage evaluation: this is a costly procedure that requires exposure of
post-tension anchorages at ends of beams and visual observation for moisture, corrosion,
and anchorage failure. At the same time, the anchorages are tested with hydraulic jacks to
determine whether the cables are actually working at the requires stress levels. The beams
and slabs of this garage depend on the integrity of high-strength steel post-tensioning
cables, and these cables are restrained at ends of beams and slabs by clusters of anchors.
These anchors must withstand loads on the order of 30,000 pounds.
Selected anchorages were opened and examined about ten years ago, and we are uncertain
as to the need to do this again. We have decided to wait and see if this appears necessary as
the project proceeds and information is gathered. The added cost (estimated $5,000 to
$8,000, most of which would be paid to a post-tensioning contractor) is not included at this
time.
B. Structural Analysis
We will perform structural analyses of the various elements of the garage: bridges, beams, helixes, slabs,
parapet walls to estimate their remaining structural capacity after having deducted allowances for loss by
deterioration (as determined by Part A,Testing and Evaluation).
We will then evaluate the structural capacity to support a proposed vertical addition to the garage.
C. Repair/Demolition Alternatives and Costs
We will evaluate the repair procedures and related costs for each element (columns, beams, slabs, helixes,
bridges) for its intended purpose.
We will next evaluate combinations of alternatives, for example retaining the concrete columns but
demolishing the slabs and beams. We will discuss these options with City officials before proceeding.
We will prepare life-cycle cost comparisons (using spreadsheet so they can be adjusted using different
future maintenance scenarios and varying interest and cost escalation rates) so that the Planning
Department can make realistic analyses and decisions regarding repair, demolition and rebuild, or partial
demolition.
Mr. Logue
January 23, 2002
Page 5
We will advise the City of our findings as the project progresses, and review the final product with the
Planning Department and other City officials.
Engineering Fees
A. Testing and Evaluation (includes all lab work, materials, core extraction by
masonry contractor, photography. miscellaneous expenses) . . . . . . . . . . . . . . . . . . . . . . . . $ 22.500
B. Structural Analysis of existing condition and alternatives . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,500
C. Repair/Demolition Alternatives and Costs; report prep . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,200
TOTAL $ 34,200
With respect to Item A, we request assistance with City Electrician's lift truck which we have used in the
past for similar work.
As you compare proposals for this project we ask that you also compare the scope of work that is
proposed; our proposal includes significantly more structural analysis, cost analysis and comparison of
alternatives than a basic condition survey.
Also, be aware that certain tests such as petrographics and chlorides can become very costly. Costs for
fairly large numbers of tests are included in our fees.
Please review this information; we would be pleased to discuss this project further.
Ve truly yours,
V
j� . � ��
V
Peter D. Novelli, P.E.
Consulting Engineer
Encl: Long-Term Repair H'story of Parking Garage Helixes
Qualifications
DRAFT 212002
BUDGET &ADMINISTRATION COMMITTEE
AGENDA ITEM FOR COMMON COUNCIL MEETING
February 19, 2002
Approval of Funding for Parking Circulation Study
WHEREAS, proposals for ne«- parking structures on Green Street and Cayuga Street
have been submitted and are currently being considered by the City, and
WHEREAS, it has been determined that before the City can approve of these new
parking structures, traffic circulation within the garage as well as impacts on the
surrounding intersections must be studied, and
WHEREAS, SRF Associates has submitted a proposal to perform a parking circulation
study on the proposed garages and their impacts on the surrounding intersections, and
WHEREAS, staff has evaluated the proposal and recommends that the City hire SRF
Associates to complete the study, and
WHEREAS, the proposal submitted by SRF Associates is for $1 , and there is
$150,000 reserved for Parking Area Reserve Fund #4, now, therefore, be it
RESOLVED,that the Mayor for the City of Ithaca is hereby authorized and
directed to enter into contracts with SRF Associates to study and make
recommendations to the City in regard to the traffic circulation associated with the
proposed parking structures for an amount not to exceed $1,5;72r , including all
reimbursable expenses, and be it further Jai 00
RESOLVED,that contracts with SRF Associates be funded by Parking Area
Reserve Fund#4.
Q:IPLANNINGIPROJECTS1Parking\BBA Resolubon02-02-19.doc
SRF & ASSOCIATES
Traffic Engineering
Planning Consultants
(716) 272 - 4660 phone 3495 `Vinton Place
(716) 272 - 4662 fax Building E, Suite 110
Rochester. NY 14623
January 9, 2002
Mr. H.Matthys VanCort
City of Ithaca
Department of Planning&Development
108 E. Green Street
Ithaca, New York 14850
RE: Traffic Study Proposal Revised 01109102 -Proposed Cayuga&Green Parking Garages
City of Ithaca,New York
Dear Mr. VanCort:
We are pleased to provide the following revised proposal for a Traffic Study associated with the
planned Cayuga and Green Street parking garages, and the proposed land use and circulation
changes included in the overall garage site design and traffic evaluation. Based upon the discussions
with the Mayor and yourself, we have outlined a revised scope to address the traffic impact and
access concerns pertinent to this project.
The study will identify the traffic patterns associated with the existing and planned parking facilities
within the primary study area. Future weekday AM and PM peak hour traffic conditions that result
from the proposed changes, will be determined. The future access and circulation conditions will be
evaluated with mitigation recommended, as required. One alternative access scenario evaluation
(Cayuga Street access) for the garages will be included as part of the study. A recommended access
scenario will be identified and evaluated as needed.
The major components of the study include the anticipated traffic impacts from the following
development proposals:
• Proposed Cayuga Building Land Uses
• Proposed Green Building Land Uses
• Proposed Parking Garage operations
• Intermodal Center on Green Street
The evaluation will also assume the conversion of Spencer Street to two-way traffic flow.
The study will evaluate the future intersection operations (LOS) with the development proposals in
place, Issues related to access, circulation, on-site and off-site queueing and event traffic for the
proposed garages will be addressed.
A final report will be prepared that summarizes the study procedures,findings and recommendations.
Green &Cayuga Parking Garages Traffic Study Proposal
City of Ithaca,New York Rev.01/09/02
SCOPE OF WORK
Work Tasks:
1. Project initiation, scoping, held reconnaissance of existing transportation system, traffic
control features, review of existing surface parking lot and Green Street parking garage
operational characteristics and existing and proposed land uses adjacent to project site.
2. Collect and review available traffic reports, traffic related data, model information, (e.g. Six
Point Plan Evaluation, machine and traffic count data,TCATS program plans, schedules,
SYCHRO files, etc.)pertinent to this project. The following agencies will be contacted:
NYSDOT, City of Ithaca,TCATS, and ITCTC.
3. Collect/obtain current AM and PM peak hour turning movement volumes at the following
locations:
• Existing Green Street parking lot and garage access drives
• Existing Cayuga Street access to surface lot
The Client(City of Ithaca)will provide current turning movement volumes at the Prospect
Street/S.Aurora St. intersection during the 7-9AM and 4-6PM hours.Data will be collected
when colleges are in session.
4. In consultation with City staff, derive existing AM and PM peak hour"2001 Base
Volumes"on the adjacent roadways, taking into account the shifts in travel due to the
conversion of Spencer Street to two-way traffic. Client(City of Ithaca) to provide for all
study intersections, 2001 base weekday PM peak hour link and intersection turning
movement volumes with Spencer Street conversion. The study intersections include the(11)
locations identified on the attached Plan.
5. Update base traffic analysis SYNCHRO models and analysis for"2001 Base Volume"
conditions as required.
6. In consultation with City staff,derive future"Background"volumes on the adjacent roadways
with two-way Spencer Street,taking into account the increased traffic from developments either
approved or under construction within the near-by study area.
7. Consult with City and other key stakeholders on the future AM and PM peak hour trip
generation and parking characteristics and anticipated operations for the proposals listed on
Page 1. Identify future event traffic and parking related data available for the existing surface
lots noted above.
8. The evaluations for the access scenarios assumes no cross connection for motorists the two
proposed parking garages.
9. Derive AM and PM peak hour trip generation, trip distributions and assignment estimates
for the garage land use proposals and the proposed parking garages.
Green &Cayuga Parking Garages Traffic Study Proposal
City of Ithaca,New York Rev.01/09/0=
10. Derive future AM and PM peak hour intersection turning movement volumes with the new
garages and land uses operational, assuming access onto Green and East Clinton Streets.
Future projections include conversion of Spencer Street to two-way traffic.
11. Derive future traffic diversions and resulting AM and PM peak hour volumes for alternative
access scenario onto Cayuga and Green Streets, only.
12. Prepare flow diagrams that illustrate the traffic changes resulting from the new parking
garages and land uses for the two (2) access scenarios.
13. Determine typical weekday ABM and PM peak hour levels of service, operations and
queueing conditions at the study intersections, and at the proposed parking garage access
locations, for the two(2)access scenarios.
14. Prepare traffic simulations(SIM TRAFFIC) for future full build conditions for the two
access scenarios.
15. Evaluate the need for any traffic mitigation measures for future conditions (e.g.
modifications in pavement markings, signing, signalization, access location and control, and
garage cross access connection)
16. Meet with City staff to present and review study findings.
17. Prepare written Draft Traffic Study Report summarizing study results, and
recommendations.Three copies of draft report will be submitted to Client.
18. Prepare final report with Client review comment revisions. Five copies of the final report
will be submitted to Client.
The work tasks can be completed within approximately six weeks of notice to proceed for lump sum
fee of $14000.Billings will be made at the end of the month for the percent work completed.
Any work beyond this scope, such as additional meetings; or later report revisions is not included in
our scope or budget estimate. Additional meetings will be billed separately at our standard hourly
rates, depending upon staff needed.Additional work items beyond the traffic report preparation
would be entirely at your discretion, and we would not proceed without your authorization.
Respectively Submitted,
SRF inR.sociates
tep Ferranti, P.E.,P.T.O.E.
Principal Traffic Engineer
SRF/jmf
Attach.
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DRAFT 220,02
BUDGET &ADMINISTRATION COMMITTEE
AGENDA ITEM FOR COMMON COUNCIL MEETING
February 19, 2002
Approval of Funding for the Wilbur Smith Contract Addendum
WHEREAS, a proposal for new parking structures on Green and Cayuga Streets have
been submitted and are currently being considered by the City, and
WHEREAS, it has been determined that before the City can approve of these new
parking structures the traffic circulation within the garage as well as the impacts on the
surrounding intersections must be studied, and
WHEREAS, the budget and Administration committee has authorized the mayor to
enter into contract with SRF Associates for the completion of a parking circulation
study on the proposed garages and their impacts on the surrounding intersections, and
WHEREAS,in order to complete the study SRF associates must use the traffic count
information that was collected by Wilbur Smith Associates as part of the Evaluation of
the Six Point Traffic Plan, and
WHEREAS, the required information is not currently in the format that is needed by
SRF associates, and
WHEREAS,Wilbur Smith Associates has prepared a proposal for an addendum to
their contract that would allow them to prepare the data in the format that is needed
for the Parking Garage Circulation Study, and
WHEREAS, staff recommends that the contract be amended to add the additional
required services, and
WHEREAS, the fee proposal for the contract addendum is $4,198 and there is
$150,000 reserved for Parking Area Reserve Fund #4, now, therefore, be it
RESOLVED, that the Mayor for the City of Ithaca is hereby authorized and
directed to amend the contract with Wilbur Smith Associates to allow them to
update the Six Point Travel Demand Model and prepare the data to be used by SRF
Associates, and be it further
RESOLVED, that addendum to the Wilbur Smith contract be funded by Parking
Area Reserve Fund#4.
Q:IPLANNINGIPROJECTSIParkinglS&A Resolubon02-02-19.doc
SRF & ASSOCIATES
Traffic Engineering &
Planning Consultants
(716) 272 -4660 phone 3495 Winton Place
(716) 272 -4662 fax Building E, Suite 110
Rochester,NY 14623
MEMORANDUM
TO: Thys
FROM: Steve Ferranti
DATE: 01/09/02
RE: Intersection Turning Movement Data Collection
S.Aurora Street/Prospect Street
The intersection of S.Aurora Street/Prospect Street will be evaluated as part of the traffic study for the proposed
Cayuga/Green Garage Plan. Intersection counts for all movements at this location will be provided by City
staff, as we discussed. Counts should be recorded on a weekday (Tu, Wed. or Th), 7-9AM and 4-6PM while
the colleges are in session. Counts should be recorded in 15 minute intervals.
Also, please have the recorders make note of queueing and delay conditions during the study periods,
particularly for eastbound traffic on Prospect Street attempting to enter S.Aurora during the PM peak.
If you have any questions pertaining to this, please contact me. Dan Cole is familiar with the standard
procedures for collecting this info.
1
February 7, 2002
Mr. Timothy Logue
Department of Planning and Development
City of Ithaca Department of Planning and Development
108 E. Green Street, Ithaca. New York 14850
Dear Mr. Logue,
Per your request, WSA has developed an addendum to the work provided in the Six Point
Plan Study. Based our understanding of the City's requests, we have prepared the following
scope and fee to complete the work.
Update Six Point Travel Demand Model
Travel Demand Modeling - Using existing regional peak hour models (ITCTC and the Six
Point Plan), WSA will model the year 2001 traffic condition and a year 2001 build scenario
that includes the Plain Street Bridge and the West Spencer Street improvements. The year
2001 model will include the Southwest Development trips that were distributed in the ITCTC
model, but will reflect an existing condition (no-build) traffic network. The build model will
include the two improvements as defined in the previously published Six Point Plan report.
Synchro Model- WSA will analyze intersections and roadway segments that are impacted by
the traffic projected from the models using procedures identified in the Highway Capacity
Manual. The Synchro models that were developed for the Six Point Plan will updated to
reflect the 2001 build and no-build scenarios described above. Appropriate manual
adjustments will be made to reflect actual turning movements recorded in the field data
collection phase of the Six Point Plan Study.
Deliverable — WSA will provide the City with the GIS layers containing the results (hand
adjusted) of the year 2001 build and no-build models. In addition, the two Synchro files
generated from the traffic projections will be provided. These files will be recorded on a
Compact Disc and mailed to the City.
Fee Proposal - WSA would propose to accomplish these work tasks $4,198. This cost
includes firm overhead and a 10 percent profit margin. The cost correlates to 56 hours of
labor, including the physical modifications and data entry to the model, and QA/QC of the
final product.
Please feel free to call with any questions you may have on this proposal.
Sincerely,
WILBUR SMITH ASSOCIATES
Michael L. Morehouse,P.E.
Manager of Transportation Planning
Evaluation of Six Point Traffic Plan Wilbur Smith Associates
Police Department - Request Approval of Mutual Aid Assistance
Agreement with the County of Tompkins
WHEREAS, local governments are authorized to request and provide
police assistance to each other pursuant to Section 209-m of the
New York General Municipal Law (GML) , and
WHEREAS, the temporary exchange of Law Enforcement Officers and
equipment for the purpose of mutual assistance is further
contemplated by GML, and
WHEREAS, GML Section 119-0 authorizes municipal corporations to
enter into agreements for the performance of their respective
functions, powers and duties on a cooperative basis, and
WHEREAS, GML Section 209-m, New York Criminal Procedure Law
Sections 140 . 10-1 & 3 , 120 . 60 et seq. , and 690 .25, and other
applicable authority authorize Law Enforcement Officers to
exercise certain police powers and authorities outside their
geographic area of employment when a request for assistance is
forthcoming from another law enforcement agency, and
WHEREAS, the City of Ithaca and Tompkins County have determined
that it is in the best interests of the respective communities
and of mutual advantage to enter into an assistance agreement
for the provision of inter-agency Law Enforcement Services, and
WHEREAS, a Mutual Aid Assistance Agreement has been negotiated
and drafted by the Tompkins County Sheriff and the City of
Ithaca Chief of Police, as well as by the County Attorney and
the City Attorney; now, therefore, be it
RESOLVED, That the City enter into such Mutual Aid Assistance
Agreement, and be it further
RESOLVED, That the Mayor and the Chief of Police are hereby
authorized to execute any documents necessary to formalize such
Agreement .
RESOLUTION NO. 11 -AUTHORIZING THE COUNTY ADMINISTRATOR AND THE
SHERIFF TO ENTER INTO A MUTUAL AID ASSISTANCE
AGREEMENT WITH THE CITY OF ITHACA
MOVED by Mrs. Schuler, seconded by Ms. McBean.
WHEREAS, it is in the best interest of the citizens of the County of Tompkins for police
agencies to cooperate with each other and to aid one another in appropriate circumstances, and
WHEREAS, an agreement providing for mutual aid between the City of Ithaca Police
Department and the Sheriffs Department will enhance the efficiency of service to the public,and
WHEREAS, the City of Ithaca and the County benefit by defining the rights and liabilities of
each agency,now therefore be it
RESOLVED, on recommendation of the Public Safety Committee, That the County
Administrator and the County Sheriff are authorized to enter into a Mutual Aid Assistance Agreement
as attached with the City of Ithaca.
SEQR ACTION: TYPE II-20
cc: Administration—via Network
Finance Department
Public Works
Sheriff's Office
City of Ithaca
STATE OF NEW YORK )
ss:
COUNTY OF TOMPKINS )
I hereby certify that the foregoing is a true and correct transcript of a resolution adopted by the
Tompkins County Board of Representatives on the 5`h day of February, 2002.
IN WITNESS WHEREOF,I have hereunto set my hand
and affixed the seal of the said Board at Ithaca,New York,
this 6h day of February, 2002.
Clerk
Tompkins County Board of Representatives
MUTUAL AID ASSISTANCE AGREEMENT
(OUTSIDE SERVICE BY LOCAL LAW ENFORCEMENT)
THIS AGREEMENT made , 2002 by and between
the Tompkins County Sheriff, hereinafter refer to as Sheriff, as joint employer
with the County of Tompkins, hereinafter referred to as the "County of Tompkins",
with it's office located at 125 E. Court Street, Ithaca, New York, and the City of
Ithaca, a municipal operation with its office located at 108 E. Green Street,
Ithaca, New York, hereinafter referred to as the "City of Ithaca". The parties are
sometimes referred to as a "local government" or collectively as "local
governments".
WHEREAS, local governments are authorized to request and provide
police assistance to each other pursuant to § 209-m of the New York General
Municipal Law (GML), and
WHEREAS, the temporary exchange of Law Enforcement Officers and
equipment for the purpose of mutual assistance is further contemplated by GML
§ 209-m, and
WHEREAS, GML § 119-0 authorizes municipal corporations to enter into
agreements for the performance of their respective functions, powers and duties
on a cooperative basis, and
WHEREAS, GML § 209-m, New York Criminal Procedure Law §§ 140.10-
1 & 3, 120.60 et seq., and 690.25, and other applicable authority authorize Law
Enforcement Officers to exercise certain police powers and authorities outside
their geographic area of employment when a request for assistance is
forthcoming from another law enforcement agency, and
WHEREAS, the parties have determined that it is in the best interests of
the respective communities and of mutual advantage to enter into this agreement
for the provision of inter-agency Law enforcement services;
NOW THEREFORE, pursuant to the above considerations and the
covenants and mutual benefits herein expressed, the parties agree as follows:
1. Approval. This Agreement is executed pursuant to approvals of the
respective governing Boards of the parties.
2. Purpose. It is recognized that in certain situations the use of law
enforcement officers to perform law enforcement duties and the use of law
enforcement equipment and supplies outside the territory of the local
government where the officers are legally employed may be desirable and
necessary in order to preserve and protect the health, safety and welfare
of the public. Although the City of Ithaca is located within Tompkins
County, solely for purposes of this Agreement, the City shall not be
considered to be within the territorial limits of Tompkins County.
Operations by the Tompkins County Sheriffs Office within the City of
Ithaca shall be considered operations outside the territory of the Sheriffs
Office. The additional objectives of this agreement are:
a. the more efficient utilization of Law enforcement resources and
services;
b. an enhanced degree of cooperation between the Ithaca City Police
Department and the Tompkins County Sheriffs Office;
C. an enhanced effectiveness of response to requests to handle and
resolve Law enforcement intervention situations;
d. to ensure an adequate number of trained and equipped law
enforcement officers to handle and resolve emergency, disaster
and violent situations which cannot be met with the resources of
one of the parties to this agreement, and
e. the development and use of training exercises or programs where
skills, knowledge, procedures and expertise are shared with other
departments and personnel.
3. Authorization. Intergovernmental law enforcement service and
assistance (mutual aid) may be provided among the parties during those
times of both:
a. emergency, and
b. routine law enforcement work of a non-emergency nature to fulfill a
mutual aid request.
Examples of the latter situation would be pre-arranged training exercises
and programs as well as temporary assignment of law enforcement
officers and/or equipment to another law enforcement agency for training
or patrol purposes where the officers and/or equipment may be involved in
police intervention situations.
4. Power and Authorization.
a. Each party authorizes the Police Chief, the Sheriff or the officer
commanding the Law Enforcement Agency in the Chiefs or the
Sheriffs absence to render and request mutual aid or assistance to
and from the other party to the extent of available personnel,
supplies and equipment not required for adequate protection of the
local government rendering aid. The judgement of the Police Chief,
the Sheriff, or officer commanding in the Chief s or Sheriffs
absence of each municipality rendering aid as to the amount of
personnel, supplies and equipment available shall be final.
2
b. The obligation to render mutual aid is strictly voluntary in nature. It
does not place either the Ithaca City Police Department or the
Tompkins County Sheriffs Office under any obligation to respond to
a request for mutual aid or assistance of the other party that it is
unable or unwilling to honor. Such Law enforcement aid may be
provided on an actual or standby basis.
C. The commanding Law Enforcement Officer of the assisting local
government shall report to and receive instructions from the
commanding law enforcement officer of the municipality receiving
mutual aid.
d. Law Enforcement Officers who shall be commanded by their
superior to act outside of the territorial limits of the local
government which regularly employs the officer shall be under the
direction and authority of one person designated by the
commanding officer of that law enforcement agency.
e. That person shall, in turn, be under the direction and authority of
the local commanding Law Enforcement Officer of the municipality
to which they are called to perform Law Enforcement or peace
duties, i.e. the municipality receiving mutual aid. Law Enforcement
Officers assisting another local government outside the
geographical area of employment shall have all powers and
authority of Law Enforcement and Peace Officers in such other
jurisdiction as provided by law including the power of arrest.
f. Further, each party authorizes The Police Chief or Sheriff and such
Chiefs or Sheriffs designee's to pre-arrange training exercises and
programs as well as temporary assignment of officers and/or
equipment to another law enforcement agency for training
purposes.
5. Compensation, Expenses and Liability
a. All individuals shall retain all of their pension, disability, contractual
and compensation rights while performing duties in accordance
with this agreement. All salaries, legal and contractual benefits,
and other personnel costs together with equipment and supply
costs will be the responsibility of the respective local government
employing the officer.
3
b. Except for claims relating to compensation, expenses and liabilities
set forth in this Section 5, each local government shall waive any
and all claims against all other local governments parties to this
agreement, which may arise out of a local government's activities
outside of their respective jurisdictions while rendering aid under
this agreement.
C. The local government receiving aid pursuant to this agreement
shall assume the liability for all damages and loss for equipment,
materials arising out of any act performed in rendering such aid and
shall reimburse the assisting local government for such damages or
loss. Specifically exempt from this agreement are the payment of
wages, benefits (including workers' compensation and GML 207-C
benefits), salaries, and other sundry operational and supply
expenses. Each law enforcement agency will be responsible for its
respective salaries, wages, benefits (including workers'
compensation and GML 207-C benefits) and sundry operational
expenses unless agreed to separately by the Police Chief and
Sheriff.
d. All immunities from liability enjoyed by the local government within
its boundaries shall extend to its participation in rendering aid under
this agreement outside of its boundaries unless otherwise provided
by law. All the immunities from liability and exemptions from laws,
ordinances and regulations which Law Enforcement Officers
employed by local governments which are parties to this agreement
have in their own jurisdictions shall be effective in the jurisdiction in
which they are giving aid unless otherwise provided by law or this
agreement.
e. Each party shall be liable for the negligence of its officers and
personnel in the same manner and to the same extent as if such
negligence occurred in the performance of their duties within their
territorial limits. Each party shall indemnify and defend the other for
claims alleging such negligence.
6. Rules and Regulations. The Police Chief and the Sheriff of the local
governments shall establish uniform rules and regulations for requesting
and rendering mutual aid as necessary and appropriate to implement this
agreement. Vehicles, firearms, equipment and apparatus furnished in or
for mutual aid shall be operated by personnel trained in the proper use of
same. It is understood that under no circumstance will privately owned
vehicles or equipment be utilized in providing mutual aid unless
4
commandeered or authorized by the commanding officer of the local
government receiving aid.
7. Cooperation. In the event a mutual aid or assistance situation results in
an officer-involved shooting, accidental injury or other event or results
requiring investigation or review, both parties will cooperate and consult
with each other in the conduct of such investigation or review. Each local
government and each law enforcement agency will make available to the
other any information or resources necessary to conduct such
investigation or review.
8. The Police Chief and the Sheriff will fully communicate, consult and
cooperate with each other to insure that a thorough, efficient and effective
investigation or review is conducted and that unnecessary duplication is
avoided.- The results of such investigation shall be shared with each local
government.
9. Effective Date and Termination.
a. This agreement shall be effective when signed by each local
government.
b. This agreement may be terminated at any time by passage of a
resolution terminating same by the governing board of a party to
the Agreement. A copy of the resolution shall be promptly filed with
the Clerk of each local government following its passage.
However, obligations previously incurred are not extinguished by
the termination of the Agreement.
10. Miscellaneous.
a. This agreement constitutes the entire agreement between the
parties and cannot be modified or amended except by written
agreement of the parties.
b. Any media release or press conference regarding a mutual aid
event will be coordinated in advance between the Police Chief and
the Sheriff.
C. This agreement shall not be construed or deemed to be an
agreement for the benefit for any third party or parties. No third
party or parties shall have any right of action under this agreement
for any cause whatsoever.
d. The laws of the State of New York shall govern this agreement.
5
e. This agreement may be executed in any number of counterparts,
each of which shall be deemed an original.
f. For the purposes of this agreement, when involved in routine Law
Enforcement work of a non-emergency nature, temporary
assignments and training exercises, the Law Enforcement Agency
from which the equipment is assigned, or which is providing the
training, or which is sponsoring the training exercise shall be
deemed the assisting local government.
6
r
IN WITNESS WHEREOF, the parties hereto have placed their hands and
seals.
By:
Peter J. Meskill
Sheriff of Tompkins County
By:
Steve Whicher
Tompkins County Administrator
By:
Richard Basile, Chief of Police
City of Ithaca Police Department
By:
Alan Cohen, Mayor
City of Ithaca
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06
THIS AGREEMENT
Made as of the day of March, 2002 (retroactive to 01/01/02) by
and between the BOARD OF FIRE COMMISSIONERS and the COMMON COUNCIL OF
THE CITY OF ITHACA, Tompkins County, New York, (hereinafter referred to as
the "City"), party of the first part, and THE TOWN BOARD OF THE TOWN OF
ITHACA, (hereinafter referred to as the "Town", acting as and for the Fire
Protection District of the said town.
WITNESSETH:
WHEREAS, the party of the first part is the governing Board of the
Municipal Fire Department and Common Council of the City of Ithaca, and has
under its control and custody personnel and fire fighting equipment of said
Department, and
WHEREAS, there has been duly established in said Town a fire
protection district known as "Town of Ithaca Fire Protection District",
embracing all of the territory in said Town, except the Village of Cayuga
Heights. and a portion of the northeast portion of the Town, which district is
more particularly shown on Schedule A annexed hereto, and
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06
WHEREAS, following a public hearing duly held, said Town was duly
authorized to contract with the part of the first part for fire protection and
emergency medical service to the portion of said district hereinafter
defined, upon the terms and provisions herein set forth;
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
1 . Provision of Services. The City shall provide fire protection
services and emergency medical services on an equal basis throughout the
fire service area, inclusive of the City and Town Fire Protection District, as
more fully defined, as follows:
ALL of the Town of Ithaca, excepting the following areas:
(a) The Village of Cayuga Heights;
(b) The northeast section of the Town of Ithaca that is situated east
of the Village of Cayuga Heights/Town of Ithaca boundary, south of the
Village of Lansing/Town of Ithaca boundary, west of the Town of
Dryden/Town of Ithaca boundary, and north of the toe of slope which
runs roughly parallel to and along the Plantation Road on the Cornell
University Campus;
(c) The Hamlet of Forest Home, including the structure housing the
Cornell University Filtration Plant.
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City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06
2. Hydrant Mal2s. To aid in the determination of hydrant and water
source locations with reference to particular alarms, the Town shall furnish
to the City the most recently available map of all areas of the Town having
hydrant service, showing hydrant locations, normal static hydrant pressure,
hydrant flows, static water sources, streets and highways, location and
addresses of improved properties and the identity of the owner thereof.
The Department shall be entitled to rely on such map and shall not be
responsible for any inaccuracies therein.
3. Use of Mutual Aid. The City warrants and covenants that as soon
as a serious fire or other emergency makes the Town of Ithaca potentially
without adequate coverage from the Ithaca Fire Department, the City,
through its fire department, shall immediately seek protection through the
Tompkins County mutual aid assistance agreement providing coverage to the
Town of Ithaca through deployment of equipment and/or personnel brought
into the City or the Town of Ithaca pursuant to the City's request for mutual
aid.
4. Term. The term of this agreement shall commence January 1 ,
2002, and shall terminate December 31 , 2006.
5. Payments by Town. The Town shall pay to the City the following
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City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06
estimated sums as payment for each of five years of the term of this
Agreement, in the manner set forth below:
(a) Annual Operation Expenditures. Based on the approved operating
budget for each year of the agreement, the Town shall make estimated
quarterly payments to the City. To facilitate this agreement, the Town shall
make a 1/12 payment on January 1 , and on February 1 a 2/12 payment.
Subsequent quarterly payments shall be made April 1 , July 1 and October 1
of each year. The annual percentage share shall be established as
prescribed in Section ( 5(d) ) of this agreement. The actual annual cost will
be determined by March 31 of the subsequent fiscal year, with a
corresponding adjustment being made in the remaining annual quarterly
payments. The City shall maintain a detailed program record of all activity
relating to the Fire Department. If a surplus remains at the end of any fiscal
year during this agreement, after all actual revenues and expenditures have
been accounted for, said amount shall be used to reduce the participating
shares to be paid in the following year. Should the estimated budget amount
paid for any year during this agreement be insufficient to meet the spending
needs of the Fire Department, said deficit shall be added to the next year's
participating shares.
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City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06
(b) Investment of Fire Department Program Funds. The City shall
maintain a complete record of all investments involving Fire Department
program funds. Should the cash balance necessary to fund departmental
activities during any fiscal year be insufficient, the City and Town shall
advance any required amounts based on the participating shares then in
effect. If the City or the Town is required to fund any cash flow deficit, the
lost interest based on the average General Fund investment earnings rate,
would be reimbursed, or the interest earnings during that quarter would be
adjusted by the interest lost on any cash flow advances.
(c) The total taxable assessed valuation of real properties in the
City shall be combined with the total taxable assessed valuation of real
properties outside the City but within the area for which fire protection
services are being provided pursuant to this contract. Such amounts are
hereinafter referred to as the "Combined Taxable Assessed Valuation". The
Combined Taxable Assessed Valuation shall be calculated as close as
reasonably possible to September 1 of each year.
(d) The portion of the Combined Taxable Assessed Valuation located
within the Town and outside the City, as defined by paragraph 5(c), shall be
divided by the total Combined Taxable Assessed Valuation. The result is
5
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06
referred to hereinafter as the "Town's Percentage".
(e) The Town's Percentage shall be multiplied times the Net
Expenditures, and the resulting figure shall be the amount of the Town's
payment for the ensuing calendar year.
(f) An example of the foregoing calculation is as follows: Assuming
the Net Expenditures (which number includes debt service but excludes
depreciation) is equal to $5,500,000 and assuming that the Taxable
Assessed Valuation of the area of the Town outside the City covered by the
Fire Protection Contract is $120,000,000 and that Taxable Assessed
Valuation of real property in the City is $240,000,000, the Combined Taxable
Assessed Valuation will be $360,000,000 ($120,000,000 plus
$240,000,000), the Town's Percentage will be 33.33% ($120,000,000
divided by $360,000,000) and the annual payment from the Town to the City
will be $1 ,831 ,500 ($5,500,000 times 33.33%).
(g) For the purpose of this agreement, (including paragraphs 5(b)
through 5(f) above) "expenditures" shall mean (i) actual expenses incurred,
and not reimbursed from bonds or other forms of debt, to pay for equipment
(including capital renovations to existing equipment) and improvements
(including new stations in the Town and renovations to City stations) and (ii)
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City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06
the debt service expenses (principle and interest payments) during the year
for any debt incurred to pay for equipment or improvements purchased
during 1995 and subsequent years of this contract. (i.e., it is the intention
that if equipment is purchased and paid for in cash during the year, the
entire cost of the equipment shall be the basis of calculations. If equipment
is purchased and paid for by financing over a period of years, only the
portion of debt paid during the year shall be considered an "expenditure".
There is included in "expenditures" any debt service during the year in
question related to purchases or construction in earlier years of this
contract, provided that no purchases or construction incurred earlier than
1987 shall be so included). The Town agrees to the inclusion of
administrative overhead costs in an amount not to exceed 2.75% of the
actual Fire Department expenditures, commencing in 2002. The overhead
charge is based on a proportionate share of the actual general
administrative expense. The 2.75% represents approximately one third of
the average administrative overhead.
6. Review of Operating Budget. The City agrees to provide the Town
with the budget proposed to the Mayor by the Fire Department by September
1 , of each year, and the Mayor's proposed budget by October 1st, of each
7
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06
year. The Town Board shall have the opportunity to provide input to the
Mayor and Council during the balance of the budget deliberation process. The
Town shall be notified of, and have the opportunity to attend and participate
in the various budget meetings which may be held to develop, review and
approve the Fire Department's capital and operating budgets. The Fire Chief
shall provide notice of such meetings as soon as they are scheduled. The
Fire Chief and City Controller will be available to provide assistance during
this review process.
7. Approval of Capital Budgets. The parties agree that capital
renovations in excess of $100,000 per project or aggregating in excess of
$200,000 per annum, and new station construction, shall be accomplished
within a capital budget for each project. The budgets shall be approved by
the appropriate governing body of each municipality prior to commitments
for construction or financing of any of such projects by the City. For the
purposes of this agreement a "capital" expenditure or renovation shall mean
any improvement of a capital nature having a period of probable usefulness
set forth in Section 11 of the Local Finance Law.
8. Maximum Equipment Expenditures. Expenditures in any year for
new equipment shall not exceed $200,000 absent the mutual agreement of
8
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06
the parties hereto prior to commitments for such purchases and financing
of same.
9. New Fire Stations in Town Manner of Title Lease Reimbursement.
Title to the land for the new stations was taken in the name of the Town and
then leased by the Town to the City. The lease is for 30 years at the rate of
$1.00 per year, provided that the lease shall terminate upon termination of
this contract and payment by the Town of any remaining City indebtedness
on the premises. Title to the two new stations constructed in the Town was
taken in the name of the City. Should this agreement terminate at any time
for any cause, (including a breach by the Town) upon termination the City will
convey whatever interest it has in and to the land and the two stations in the
Town or other entity upon the Town
(a) reimbursing the City for its 30% of the construction expenditures
for said stations paid by the City during the duration of this and prior
agreements; and
(b) paying to the City any remaining unpaid debt service obligations of
the City relating to the stations.
There shall be credited to the amounts owed from the Town to the City
the 27% contributions made by the Town to the City for the renovations of
9
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06
existing stations within the City limits.
The City shall convey its interest in said stations located within the
Town to the Town by such instruments as the attorneys for the Town may
reasonably require, such conveyance to be made within 30 days of demand
for same, provided that such conveyance by the City is not illegal. If illegal,
the City will immediately take all necessary steps to remove any legal
impediment and will convey such stations as soon as such impediments are
removed. In any event, the City will within ten days of demand for same by
the Town, and pending legal title transfer, deliver immediate possession and
occupancy of such stations so that the Town or any entity (such as a fire
company) may occupy and use same immediately for fire protection and
emergency medical service purposes. Such use and occupancy shall be
granted without any further compensation from the Town to the City. In the
event of any breach of the obligations to convey or to grant immediate
occupancy the Town may seek specific performance in addition to any other
remedies available to the Town under law.
10. The City as the lessee of the South Hill (Station 5) and West Hill
(Station 6) fire stations shall provide adequate insurance coverage for the
property and buildings during the duration of the lease. The cost of the
10
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06
insurance shall be included in the annual operating budget. The City shall
name the Town as an additional insured on said coverage.
11 . Equipment Reimbursement . Upon termination of the agreement
for any cause the Town shall be entitled to receive 27% of those items of
equipment which originally cost $25,000.00 or more, or 27% of the dollar
value of such equipment purchased by the City during the term of this
agreement reduced by the depreciation on such equipment. For this purpose
equipment so purchased shall be depreciated on a straightline basis over
fifteen years assuming a 20% residual value. To the extent feasible the
equipment to be transferred to the Town will be the equipment located in the
stations to be located within the Town. Such conveyance shall be by such
appropriate documentation such as bills of sale, vehicle registration, etc. as
may be reasonably required by the attorneys for the town. If the City fails
to transfer such items, the Town may seek specific performance in addition
to any other remedies available to the Town under law.
12. Contributions from Tax Exempt Entities. The City agrees to share
the total cash contribution made by Cornell University and Ithaca College for
fire protection and emergency medical services on the basis of the
percentage share of operating expenditures paid each year of said
11
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06
agreement. Any amounts received from Cornell University or Ithaca College
shall be applied in reduction of the Fire Department's operating budget.
Additionally, the City and the Town agree to continue joint discussions with
Cornell University and Ithaca College in the interest of deriving a
contribution, be it monetary, in kind, or a combination thereof, in a direct
relation to the fire services provided to those institutions. It is also
understood that any in kind contributions from tax exempt entities will
accrue to the direct benefit of the cost of operating fire protection services
(Le., said amounts should be used to reduce the operating budget for
purposes of calculating the costs of the parties), without any apportionment
between the town and City.
13. Staffing Levels. The number of paid career personnel in the fire
department used as a basis for determining shared costs under this
agreement is 51 firefighters, 8 lieutenants, 5 assistant chiefs, 1 deputy
chief, 1 chief, 1 fire alarm superintendent, 1 administrative secretary, 1
director of development (40 hours), 1 administrative assistant-financial,
and 1 account clerk typist, (total of 71 positions). In the event that
additional positions and/or personnel are approved by the City, such
positions and/or personnel must be approved by the parties hereto and made
12
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06
an amendment to this Agreement in order to be considered as a shared cost.
Should the City choose to add any positions or personnel which are not
deemed by both parties to be beneficial to both parties, all costs relating
thereto would be borne solely by the City. Should the Town request the
addition of any paid positions or paid career personnel which are not agreed
by both parties to be beneficial to both parties, all costs relating thereto
would be borne solely by the Town. Unless the Town agrees to a lesser level
of staffing, the City agrees that each of the two fire stations to be located
in the Town of Ithaca will be staffed in the same manner as individual
stations in the City.
14. Expansion and Town Representation on Fire Commission. The total
membership of the Board of Fire Commissioners shall be 5, two of which shall
be representatives of the Town of Ithaca Fire Protection District appointed
by the Mayor of the City from names recommended by the Town Board of
the Town of Ithaca. No persons shall be appointed as the Town
representatives unless recommended by the Town Board.
15. Indemnity. The City shall hold the Town harmless for all claims by
third parties with regard to personal injury, wrongful death and for property
damage arising out of any act or negligence of the City, its officers or
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City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06
agents, for answering such calls in the Town, such indemnity to include
reasonable costs of defending such claims, including attorneys fees. The
obligation to indemnity shall survive termination of this Agreement (e.g.: the
City shall provide such indemnification for any claims made with respect to
actions by the City prior to the termination of this Agreement even if the
claim itself is not made until after termination of the Agreement).
16. Exculpation. Nothing herein contained shall be deemed to limit in
any lawful way any lawful right of the Board, the City, the Town, or any
member of the Ithaca Fire Department provided by the general statutes of
the State of New York, provided that this provision shall not be deemed to
abrogate or modify any rights or obligations provided for in this agreement.
17. Authority of Chief. It is specifically understood and agreed that
the number of personnel, the amount and type of apparatus and equipment
dispatched in answer to a fire call or to an emergency medical services call,
the manner of fighting the fire, or handling the medical services, and other
operations upon the scene of the fire or medical emergency, are matters
within the judgment of the Fire Chief of the City of Ithaca Fire Department
(the "Chief") or his designees and there shall be no liability or responsibility
whatever upon the Board or the City of Ithaca for any failure, act or
14
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06
omission in connection therewith, subject to the provisions of paragraph 15
and further subject to the understanding that the City and its officers shall
use sound professional judgment based on generally accepted standards in
the provision of its fire protection, emergency medical, emergency, and non-
emergency services provided pursuant to this Agreement. The word "Chief"
shall mean the person duly appointed to that office in the Ithaca Fire
Department by the Mayor of the City.
18. Payment of moneys from Foreign Insurance Companies. The Town
agrees to pay over to the City the percentage collected by or received by
the Town from foreign insurance companies writing property insurances in
the area protected for the benefit of the Ithaca Volunteer Firemen's Relief
Fund, or its successor, as required by law.
19. Upon 60 day notice by either party of a need for a modification,
the parties may agree to re-enter negotiation for the purpose of making
such change or modification as may be agreed upon.
20. The Town reserves the right to cause an audit of City accounts
related to this agreement on demand. If an overpayment error equal to or
exceeding 5% of the Town's share is not found after final settlement each
year, such audit shall be done at the expense of the Town. If an
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City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06
overpayment error equal to or exceeding 5% of the Town's contract share is
found after final settlement each year, the City shall pay for such audit.
(An overpayment error in this context is defined as a calculation of the
Town's contribution that resulted, or would have resulted, in an overpayment
by the Town.)
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City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06
Instrument to be executed by their duly authorized officers as of the day
and year first above written.
CITY OF ITHACA
By: By:
Board of Fire Commissioners Board of Fire Commissioners
By:
Mayor
TOWN OF ITHACA
By:
17
Schedule A (Draft)
For the purposes of the agreement between the City and Town of Ithaca, the southern line of the
"Hamlet of Forest Home" referenced in section 1(c) is further described as follows:
That section of the Town of Ithaca situated east of the east boundary of the City of Ithaca and
north of the toe of slope beyond the southern edge of Plantations Road, including that section of
Cornell University known as " the Plantation's Arboretum". Included is the length of Forest
Home Drive, from the City boundary to the boundary line between the Towns of Ithaca and
Dryden.
The boundary line at the southwest corner runs from Forest Home Drive where the City/Town
boundary crosses to the westerly end of a dead-end service road running behind the Plantations
Service Building, and includes that building in this area. From there, the southerly boundary
described herein travels in an easterly direction along the toe of slope of an uphill grade to the
south,crossing Judd Falls Road and Caldwell Road, and continuing easterly and south easterly to
a point along the center of the elevated grade that runs between the Arboretum Road and New
York State Route 366, then swings northerly and northeasterly to a point at the northwest corner
of the parking area attached to the former Cornell University Transit Facility, and then northerly
to the point where Forest Home Drive crosses the boundary line between the Town of Ithaca and
Dryden.
Said southerly line is more particularly shown on the attached map (Exhibit A)by the dashed
line running from the intersection of the Town of Ithaca and City of Ithaca boundary to the Town
of Ithaca and Town of Dryden boundary.
Generally, the intent is to exclude those buildings and properties from the "Hamlet" area that are
accessed via Tower Road, Judd Falls Road, and Caldwell Road south of the Plantations Road, or
accessed from NYS Route 366; and to include those buildings or properties that are accessed
from Plantations Road, and north.
Additionally, the Cornell University Filtration Plant, which had been historically covered by the
City of Ithaca Fire Department, will no longer be part of the City's responsibility.