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HomeMy WebLinkAbout09-26-12 City Administration Committee Meeting a. City Administration Meeting s Wednesday, September 26, 2012 6:00 p.m. ti City Hall - Council Chambers AGENDA 1. Chairperson Greeting& Opening Statement 2. Announcements 3. Agenda Review and Amendments 4. Approval of Minutes 5. Statements from the Public 6. Employee Comments 7. City Administration Members Response 8. Workforce Diversity Committee 9. Mayor's Report 10. 2013 Budget Topics/Updates 30 Min 11. Department of Public Works 11.1 A Resolution to Authorize Funding for a New School Speed Limit Zone on North Cayuga Street-Resolution 10 Min 11.2 A Resolution to Authorize the Submission of Safe Routes to School Program Application- Resolution 10 Min 12. Police Department 12.1 Request to amend 2012 Authorized Budget for Grant-Resolution 10 Min 12.2 Authorization for Officers to Undergo Training for Emergency Treatment of Opioid Overdoses and to Perform Such Treatment-Resolution I 0 Min 13. Human Resources 13.1 Director's Report 5 Min 14. Finance/Controller's Office 14.1 Request to Approve Civil Service Agreement 2012-2013 5 Min 14.2 Controller's Report 5 Min 15. Reports 15.1 Sub-Committee Updates 5 Min 15.2 Next Month's Meeting: October 30, 2012 J:\DRedsicker\AGENDAS\City Admin Comm\2012\9-26 CA Agenda.doc 9/26/12 11. Department of Public Works .1 A Resolution to Authorize Funding for a New School Speed Limit Zone on North Cayuga Street WHEREAS, on September 10, 2012, the Board of Public Works approved a new school speed limit zone on North Cayuga Street next to the Ithaca High School, and WHEREAS, the Transportation Engineer has estimated the cost of the new signs required for the school speed limit zone to be approximately$2,000, and WHEREAS, funding for these signs was not included in the 2012 budget for the Department of Public Works; now, therefore be it RESOLVED, That Common Council does hereby approve the transfer an amount not to exceed $2,000 from Account A1990 Unrestricted Contingency to Account A3311-5482 Traffic Control Signs and Blanks for the purpose of funding the new school speed limit signs. J:\DRedsicker\AGENDAS\City Admin Comm\2012\9-26 CA Agenda.doc 9/26/12 11. Department of Public Works .2 A Resolution to Authorize the Submission of Safe Routes to School Program Application WHEREAS, The Safe Routes to School (SRTS) Program was created in 2005 on passage of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), now in its second round of funding, and WHEREAS, the New York State Department of Transportation, which is administering the program in the state, has called for applications to be due on October 5, 2012, and WHEREAS, staff from the Office of the City Engineer have worked with Ithaca City School District(ICSD) officials to jointly develop an application for the SRTS program wherein the City and the ICSD will share the responsible for implementing various aspects of the project; which includes building traffic calming devices, school zone upgrades, and educational activities, and WHEREAS, three ICSD schools -Beverly J. Martin Elementary School, Fall Creek Elementary School, and Boynton Middle School will be participating in this project, and WHEREAS, Common Council supports this initiative and wishes to submit this application, now therefore be it RESOLVED, That Common Council authorizes the Mayor of the City of Ithaca to sign an MOU with the Ithaca City School District,which has been reviewed by the Attorney's Office to work with ISCD on the Safe Routes to School Program, and be it further RESOLVED, That Common Council authorizes the Mayor to sign and submit a grant application for the Safe Routes to School program in an amount not to exceed$300,000, and be it further RESOLVED, That Common Council also authorizes the submission of this application with the understanding that, though the City of Ithaca will provide funding in the first instance, 100% of eligible costs (which will not include in-kind staff administration expenses) will be reimbursed by federal funds. J:\DRedsicker\AGENDAS\City Admin Comm\2012\9-26 CA Agenda.doc 9/26/12 CITY OF ITHACA ���..•�. "s;.� 108 East Green Street Ithaca, New York 14850-5690 s� OFFICE OF THE CITY ENGINEER ........�'`'� Telephone: 607/274.6530 Fax: 607/274-6557 September 11, 2012 TO: City Administration Committee FROM: Kent Johnson, Junior Transportation Engineer RE: Resolution in support of joint City of Ithaca / Ithaca City School District Safe Routes to School grant application The City of Ithaca and the Ithaca City School District (ICSD) have been working together over the previous months to develop an application to submit to NYSDOT seeking funding through the federal Safe Routes to School program. Three ICSD schools (BJM Elementary School, Fall Creek Elementary School, and Boynton Middle School) will be participating in this effort. Our application proposes three types of improvements designed to address our local challenges, and to meet state and federal program goals. The three topics areas are: creation of a traffic-calmed route network to connect neighborhoods to the schools, upgrades to school zone signs, and educational activities for students. The estimated total cost for the infrastructure and programming activities is $275,900; which is 100% reimbursable (except for in-kind staff administrative costs). To apply for the funding, both the City and the ICSD need to provide resolutions of support. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ITHACA,AND THE ITHACA CITY SCHOOL DISTRICT WITH REGARD TO A SAFE ROUTES TO SCHOOL GRANT APPLICATION WHEREAS, the signatories of this Memorandum of Understanding wish to jointly submit an application to seek federal Safe Routes to School funding as well as to jointly administer various elements detailed in the application, and WHEREAS, the signatories recognize the benefits of collaborating together on this project and realize that each party must contribute staffing resources, in-kind, to deliver the various elements detailed in the application in a timely and effective manner, and recognize that failure to do so may lead to the loss of federal funding for this project and may jeopardize the signatories' ability to receive future Safe Routes to School funding as well as other federal and state funding from other grant programs, NOW, THEREFORE, the signatories agree as follows: A. The signatories are the CITY OF ITHACA (hereinafter "City") and the ITHACA CITY SCHOOL DISTRICT (hereinafter"ICSD"). B. The Safe Routes to School (SRTS)application details the various elements to the project. In summary, the project includes three (3) elements. The key element to this plan is the establishment of a network of traffic-calmed routes connecting neighborhoods to two elementary schools and a middle school. Supporting elements include upgraded school zone improvements, and non-infrastructure activities to build students' skills and enthusiasm for walking and biking to school. C. The City agrees to: 1. Administer the infrastructure elements (traffic-calmed routes and school zone improvements) of the project. This will involve City staff time contributed in-kind to design the infrastructure elements and to manage and oversee contractors constructing/installing the infrastructure items. 2. Conduct public outreach activities related to the infrastructure elements of the project in concert with the ICSD conducting public outreach activities relating to the non- 11111 RJLl UVLU1G G1G1111i11W Vl Lllli pr of eli 1. 3. Report to the NYSDOT all necessary information related to the infrastructure items. Additionally, the City will work with the ICSD during evaluation and reporting tasks to ensure that City and ICSD written materials are presented in a unified format. 4. Meet periodically with ICSD staff, and others involved in this project, to discuss project progress, and to offer/receive suggestions and guidance. S. Work collaboratively with ICSD, and others, to build a broad coalition of stakeholders in hopes that this group can maintain some of the SRTS educational activities beyond the reimbursement period. 6. Work with the ICSD to ensure that ICSD non-infrastructure costs intended for reimbursement (not to exceed$41,000)are eligible for reimbursement prior to expending ICSD funds in the first instance. The City will then submit eligible ICSD costs (after being paid in the first instance by the ICSD) to NYSDOT for reimbursement, and, after receiving such reimbursement, the City will pass the reimbursed funds to the ICSD (either directly from the NYSDOT or channeled through the City). 7. Provide project information on the City's website. Page 1 of 2 D. The ICED agrees to: 1. Administer the non-infrastructure elements of this project as outlined in the SRTS application, including but not limited to educational activities, event planning & implementation, and curriculum development. The exact scope of the non-infrastructure activities may change during the "preliminary design phase" of this project. During that phase (planned for Summer 2013-Fall 2013), the ICSD will lead the public outreach activities pertaining to the non-infrastructure elements; feedback from the public and/or from ICSD staff may suggest a better scope of non-infrastructure activities. The ICSD will determine the final scope and will ensure that substantive changes are pre-approved by NYSDOT to guarantee that costs remain eligible for reimbursement. 2. Pay all non-infrastructure costs in the first instance. Prior to expending ICSD funds, the ICSD should consult with the City to ensure that costs planned for reimbursement are eligible for such reimbursement. The ICSD will properly report all costs eligible for reimbursement to the City; the City will then forward the reimbursement request to NYSDOT for approval. City will pass the reimbursed funds to the ICSD (either directly from the NYSDOT or channeled through the City). 3. Conduct public outreach activities related to the non-infrastructure elements of the project in concert with the City conducting public outreach activities relating to the infrastructure elements of the project. 4. The ICSD will work with the City during evaluation and reporting tasks to ensure that ICSD and City written materials are presented in a unified format. 5. Meet periodically with City staff, and others involved in this project, to discuss project progress, and to offer/receive suggestions and guidance. 6. work collaboratively with the City, and others, to build a broad coalition of stakeholders in hopes that this group can maintain some of the SRTS educational activities beyond the reimbursement period. 7. Provide project information on the ICSD website. E. This agreement shall be effective upon execution by all the participating entities and shall continue until December 31, 2016, or until the completion of the project, whichever is later. F. The City and ICSD hereby agrees to indemnify, hold harmless and defend themselves and their respective officers, employees, agents or elected officials, from and against any and all claims and actions brought against the City or ICSD and their respective officers, employees, agents and elected officials for iniury or death to nnv nerson or nersnnc_ or for dmm�¢e to nronerty_ nrisinu out of the nerformance. of this -�--� - ---'--- -- -'--� r----n -- r-------, -- -- -----'a- -- r--r--'�, -'-----a --" -- ---- r------------- -- ____ Memorandum of Understanding by the City or ICSD, or either's employees, subcontractors or agents. City of Ithaca Ithaca City School District Name: Name:Margaret F.Boice Title: Title:Assistant Superintendent for Business Signature: Signature: Date: Date: September 18, 2012 Page 2 of 2 12. Police Department .1 Request to amend 2012 Authorized Budget for Grant WHEREAS, the Ithaca Police Department was awarded a grant of$20,000 from the Triad Foundation, and WHEREAS, the money is to be used for the purchase of new patrol rifles and for upgrading existing patrol rifles; now, therefore,be it RESOLVED, That Common Council hereby amends the 2012 authorized Police Department budget as follows: Increase Revenue Account: A3120-2705-05050 Gifts and Donations $20,000 Increase Appropriation Accounts: A3120-5225-05050 Other Equipment $ 6,400 A3120-5476-05050 Equipment Maintenance $13,600 $20,000 J:\DRedsicker\AGENDAS\City Admin Comm\2012\9-26 CA Agenda.doc 9/26/12 �r TRIAD FOUNDATION "Triad Foundation,Inc. ILo�r T�s pton Pant.Jz- P.0_Box 4440 President an3 airman Itljaca,Iry York 14852 Miza�Park Fonvlu- Tel:607/257-1 133 Director and Treasurer stay Hasaptort Park,III Fax: 6071257-5203 Director and�ecreiary ��arsste F7ozxn+o ecut3ve Director Caitiin Schryvex Director 4f Fir lce September 13,2012 Mr. Edward Vallely, Chief City of Ithaca Police Department PO Box 6557 Ithaca,NY 14851-6557 Dear Chief Vallely: Triad Foundation, Inc. is pleased to award a grant of 320,000 to the City of Ithaca Police Department to support the purchase of equipment necessary to complete its weapons systems inventory. Specifically, these funds are to purchase four new Colt riffles and upgrades ($6,400) as well as upgrades to bring IPD's cut-tent patrol rifles to the level of the newly purchased Colt rifles ($13,600). We ask that you be mindful of the attached addendum listing several conditions of the award,and we appreciate your agreement to these terms. Please arAaoEledge your orPanization's receipt of this pavanent by s%gra trg and returnin to the Triad Foundation office a cogy of&&letter before October .13. Your acknowledgment may be sent to us by mail,by fax,or electronically. By signing below you also confirm that your organization has provided no goods or services to us in exchange for this grant. The Directors of Triad Foundation, Inc. are pleased to have this opportunity to assist the City of Ithaca Police Department, and we wish you all the best in your retirement. Sincerely, Payment received: City of Ithaca Police Department Roy H. Park,Jr. President and Chairman Tide: \ C� RHP:sfp Date: ��,, Enclosure Grant No: 12-0 7 tI A Roy Hampton Park Family Legacy C(� � 12. Police Department .2 Authorization for Officers to Undergo Training for Emergency Treatment of Opioid Overdoses and to Perform Such Treatment WHEREAS, the City of Ithaca wishes to implement harm-reduction practices, and WHEREAS, opiate addiction is an epidemic throughout the City of Ithaca and the nation,with heroin and opiate overdoses rising in frequency and many of these overdoses resulting in death, and WHEREAS, a medication has been developed to treat opiate overdoses and is being used to save lives in other communities in the United States and abroad, and WHEREAS,Narcan, also known as naloxone hydrochloride (or simply naloxone), is an opioid antagonist that prevents or reverses the effects of opioids within a few minutes of being administered and can be given as an injection or through a nasal inhaler, and which the State of New York allows to be carried and administered following completion of a registered training program in opioid overdose prevention, and WHEREAS, the Southern Tier AIDS Program(STAP) has a registered opioid overdose prevention program, which is authorized by the State to offer training in the treatment of opioid overdoses, and WHEREAS, officers in the Ithaca Police Department (IPD) are frequently the first to arrive on the scene of opioid overdoses but currently are unable to offer appropriate lifesaving first aid to those who have overdosed, and WHEREAS, the STAP has offered to provide training in opioid overdose treatment as well as supplies of Narcan to the IPD at no cost to the City; now, therefore, be it RESOLVED, That Common Council hereby authorizes officers of the Ithaca Police Department to undergo training provided by the STAP in the administration of opioid antagonists to those who have overdosed on opiates, and be it further RESOLVED, Those IPD officers so trained must maintain such training pursuant to the requirements of the STAP and State regulations outlined in Section 80.138 of Title 10 of the New York Code of Rules and Regulations, and be it further RESOLVED, That upon completion of training in the administration of opioid antagonists, IPD officer shall carry doses of Narcan or other approved opioid antagonists,which they are authorized to administer in emergency situations RESOLVED, That the City of Ithaca Common Council directs the Mayor and the Ithaca Police Department to develop such policies and protocol as they may deem appropriate, in accordance with New York Public Health Law and Section 80.138 of Title 10 of the New York Code of Rules and Regulations, for the administration of opioid antagonists by police officers in emergency situations.. J:\DRedsicker\AGENDAS\City Admin Comm\2012\9-26 CA Agenda.doc 9/26/12 CITY OF ITHACA 108 East Green Street Ithaca,New York 14850-5690 SIT OFFICE OF THE CITY ATTORNEY ���� Aaron O. Lavine, City Attorney Telephone: 607/274-6504 a Robert A. Sarachan, Assistant City Attorney Fax: 607/274-6507 ° Patricia M. O'Rourke, Assistant City Attorney m Krin Flaherty, Assistant City Attorney �ti Jody Andrew, Executive Assistant MEMORANDUM To: City Administration Committee From: Tamara Hoflejzer, Legal Intern Krin Flaherty, Assistant City Attorney Date: September 21, 2012 Re: Opioid Overdose Prevention Program Question presented What are the legal implications to the City of Ithaca of implementing a program requiring members of the Ithaca Police Department to carry and administer an opioid antagonist drug to treat cases of opioid overdose? Analysis New York law authorizes individuals, if they fulfill certain conditions, to carry, use, and administer opioid antagonist drugs to prevent deaths resulting from opioid overdose.' In relation to the provision of such drugs, both police officers and the City may be subject to liability; however the liability risk is limited to cases of negligence for the City. An officer may be subject to personal liability for reckless or intentional wrongdoing, or acts or omissions not within the scope of the officer's employment. Police Officers' Potential Liability New York and Ithaca law limit the circumstances under which police officers may be liable. Police officers are not liable for damages or injuries resulting from the use or administration of opioid antagonist drugs if they are negligent. Police officers would not be liable under state law in administering opioid antagonists unless they are grossly negligent in providing such 'See N.Y.PuB.HEALTH LAw§ 3309. "An Equal Opportunity Employer with a commitment to workforce diversification." emergency treatment.2 Negligent acts or omissions by police officers are,regardless, indemnified by the City pursuant to New York General Municipal Law § 50 j, so long as the act or omission occurred in the police officers' performance of his or her duties and within the scope of his or her employment.3 The City moreover indemnifies police officers for negligent acts—but not for reckless or intentional wrongdoing—pursuant to City of Ithaca Code § 90-61, which states that the City shall indemnify its employees' acts or omissions resulting in damages so long as such acts or omission occurred while the employee was acting within the scope of his or her public employment or duties.4 For the City to indemnify police officers under these provisions, the acts or omissions resulting in damages must be within the scope of their employment.5 In the context of potential liability arising out of the use of opioid antagonist drugs, courts are likely to find that such acts are within the scope of police officers' employment. A public employee's actions are within the scope of employment if"the purpose in performing such actions is to further the employee's interest, or to carry out duties incumbent upon the employee in furthering the employer's business."6 Police officers' actions are therefore within the scope of employment unless the conduct is "wholly personal in nature, the source of which is not job-related."7 8 The City of Ithaca's Potential Liability The City may be subject to liability if the police assume a duty to assist members of the public requiring aid. Generally, a municipality is not liable for failing to furnish adequate police protection unless a special duty to individual members of the public exists.9 A special duty exists when the police assumes a duty to aid members of the public and exercises control over them.10 When the police assumes a duty to aid, the police must discharge such a duty with due care so as "not to affirmatively increase their harm."11 In other words, the police must perform that duty in a non-negligent manner.12 The City may therefore face substantial liability in relation to the use and administration of opioid antagonists. As discussed above, the City may be liable for officers' grossly negligent conduct.13 2 N.Y.PuB.HEALTH LAW§§ 3309(3),3000-a(1). 3 See N.Y. GEN.MuN.LAW§ 50 j(1)(2012). 4 City of Ithaca Code§ 90-61(A),(B)(2011). 5 See N.Y. GEN.MuN.LAW§ 50 j(1);City of Ithaca Code§ 90-61(A). 6 Stavitz v. City of New York,471 N.Y.S.2d 272,274(N.Y.App.Div. 1984);see also Schenectady Police BenevolentAss'n,750 N.Y.S.2d 666,669(N.Y.App.Div.2002)(adopting and applying the standard outlined in Stavitz). 7 Stavitz,471 N.W.S.2d at 274. 8 New York courts have held that actions are not within the scope of public employees' employment if they arise out of personal motivations. For example, in Schenectady Police, the New York Supreme Court, Appellate Division, determined that a police officer's actions were not within the scope of his employment where the off-duty officer sought to have a bar patron's identification rechecked due to another patron's rejection of the officer's advances. Schenectady Police,750 N.Y.S.2d at 668. 9 See Ramundo v. Town of Guilderland,485 N.Y.S.2d 388,389(N.Y.App.Div. 1985). 10 See id. 11 Id. 12 See Florence v. Goldberg,404 N.Y.S.2d 583,587(N.Y. 1978). 13 See City of Ithaca Code§ 90-61(A). 2 "An Equal Opportunity Employer with a commitment to workforce diversification." For this reason, we advise Common Council to recommend that the City continue to develop relationships and protocols with emergency medical providers to ensure that health care professionals respond immediately to an overdose, and to recommend that in the event that a health care professional is not available, that IPD develop a protocol concerning when police officers must administer Narcan (or other appropriate opioid antagonist) as an emergency life saving measure. Conclusion New York state and Ithaca law greatly limit the circumstances under which police officers may be personally liable for damages resulting from the use of opioid antagonists. Police officers may therefore be held personally liable if, in relation to the use and administration of opioid antagonist drugs, they intentionally or recklessly cause injuries. The City of Ithaca may also be exposed to liability, as it is required to indemnify police officers for conduct resulting in damages, unless police officers' conduct was reckless or intentional. It is beyond the scope of the City Attorney's office's expertise and subject matter to assess whether the City should adopt the plan herein discussed. As such, the City should consider separately the need for implementing this plan; the safety of administering opioid antagonist drugs; and the viability of police officers administering the drug, as opposed to other more qualified first responders. The City may therefore consider including in the proposed resolution policy to the effect that (1) first responders who provide medical care are primarily responsible for the use and administration of opioid antagonist drugs; and (2) police officers are then responsible for its use when first responders are not available at the scene of emergencies with sufficient time to adequately prevent a drug overdose. The City may also consider making the language of the resolution internally consistent so as to clarify whether police officers are required—as opposed to simply authorized—to undergo training, to carry the drug, and administer it when necessary. Proposed changes to address these concerns are attached to this memo for your review. 3 "An Equal Opportunity Employer with a commitment to workforce diversification." 14. Finance/Controller's Office .1 Request to Approve Civil Service Agreement for the Year 2012-2013 RESOLVED, That the Mayor and City Controller be authorized and directed to execute an agreement between the City of Ithaca and the Ithaca City School District for performance by the City for services in connection with Civil Service matters, for the period July 1, 2012, to June 30, 2013, in an amount of$57,911,payable to the City of Ithaca on or before November 1, 2012. J:\DRedsicker\AGENDAS\City Admin Comm\2012\9-26 CA Agenda.doc 9/26/12 AGREEMENT THIS AGREEMENT made the_day of , 2012,by and between the CITY OF ITHACA, a municipal corporation of the State of New York, hereinafter referred to as the "City", party of the first part, and CITY SCHOOL DISTRICT, CITY OF ITHACA, a municipal corporation of the State of New York,hereinafter referred to as the "School District",party of the second part. WITNESSETH: WHEREAS, the Board of Education of the School District desires to enter into a contract with the City for the performance by the City of certain services, to avoid duplication and unnecessary expense, particularly services in connection with Civil Service matters on behalf of the School District,pursuant to Section 2503, subparagraph 16, of the New York Education Law, and WHEREAS, the total number of classified Civil Service employees on the payrolls of the City and the City School District for the final payroll period in December 2011 was 899, and WHEREAS, the actual annual expenditures for the Civil Service Commission of the City of Ithaca for the 2011 fiscal year of the City was $ 106,689; NOW, THEREFORE, the parties hereto agree as follows: 1. That for the services rendered and to be rendered by the City for the School District during the School District fiscal year, which is July 1, 2012, through June 30, 2013, the School District shall pay to the City a lump sum of $ 57,911, payable on or before November 1, 2012. 2. In consideration of such payment, the City agrees: (a) to furnish the School District the part-time services of the Civil Service Commission of the City of Ithaca and the members of its staff, and the City Clerk and the members of her staff; and (b) to handle the records and perform any other necessary Civil Service services relating to Board of Education employees in the classified service, including examinations and tests when required. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF ITHACA,NEW YORK By: Mayor ATTEST: City Clerk CITY SCHOOL DISTRICT CITY OF ITHACA,NEW YORK By: Assistant Superintendent of Business Services ATTEST: School District Clerk 2011 Agreement for Prorating of Expenses Of the City Civil Service Commission For the Handling of the Records, Examinations. Etc. For Civil Service Employees of the Ithaca City School District EMPLOYEE _NUMBER -- - -_AMOUNT ITHACA CITY SCHOOL DISTRICT - 488! - 54.28% CITY OF ITHACA -- 4{1 ! - 45.72%fl —- 899, 100.00% 2011 CIVIL SERVICE EXPENSES SALARY: — - - $68,094 FRINGE BENEFITS_ _ - - -- SOCIAL SECURITY/MED. $68,094 *7.65% - - $5,209 - - - RETIREMENT $68,094 * 15.8% $10,759 — _ WORKERS COMP. ;$68,094 * .48 $327_ --- - -HEALTH/DENTAL INSURANCE _ 1$ 3.826'_ $30,121 TELEPHONE ($1,910 * 25% OF TOTAL EXPENDITURES)-- — - ---$475- SUPPLIES ($13,361 * 25% OF TOTAL EXPENDITURES) _ $3,340 ADVERTISING ($6,640 * 25% OF TOTAL EXPENDITURES) - — —_ $1,660-- EPMENT/EQUIP. MAINT.!($11,982 *25% OF TOTAL EXPENDITURES) _ _ Z 996- QUI TOTAL EXPENSES 1106,659 SCHOOL STRICT ($106,689 . 54.28%) _ $57,911- DI CITY OF ITHACA .($106!689 *45.72%) _ - — __WIN TOTAL CITY OF ITHACA--9/19/12--Civilserviceagree