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HomeMy WebLinkAbout12-05-12 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, December 5, 2012, at 6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green Street, Ithaca, New York. Your attendance is requested. AGENDA 1. PLEDGE OF ALLEGIANCE: 2. ADDITIONS TO OR DELETIONS FROM THE AGENDA: 3. PROCLAMATIONS/AWARDS: 4. SPECIAL ORDER OF BUSINESS: 4.1 Pride of Ownership Awards – Presentation by Scott Whitham 4.2 Presentation of the City of Ithaca Annual Employee Recognition Award 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: 6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: 7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: 8. CONSENT AGENDA ITEMS: City Clerk: 8.1 Request of Downtown Ithaca Alliance to Permit Wine, Beer, and Hard Cider Tasting and Sale of Bottled Wine, Beer, and Hard Cider at the 2012 Annual Downtown Ithaca Chowder Cook-Off – Resolution City Administration Committee: 8.2 Attorney’s Office - Authorization to Enter into a Lease Agreement with Tompkins County for use of City Land Located on Linn Street for a TCAT Bus Shelter – Resolution 8.3 Police Department - Request to Approve Contract with Ithaca City School District for School Resource Officer - Resolution 9. GOVERNMENT PERFORMANCE AND ACCOUNTABILITY COMMITTEE: No items were submitted for the agenda. 10. CITY ADMINISTRATION COMMITTEE: 10.1 Fire Department - Request to Increase Fees - Resolution 10.2 IURA - Housing Fund, Funding Round #6, Authorize Disbursement of $230,000 Pursuant to an Executed Memorandum of Understanding (MOU) - Lead Agency – Resolution 10.3 IURA - Housing Fund, Funding Round #6, Authorize Disbursement of $230,000 Pursuant to an Executed Memorandum of Understanding (MOU) – Environmental Determination – Resolution 10.4 IURA - Housing Fund, Funding Round #6 – Authorize Disbursement of $230,000 Pursuant to an Executed Memorandum of Understanding (MOU) – Resolution 10.5 Department of Public Works - Septage Receiving Facility Project Funding - Resolution 10.6 Human Resources - Amendment of Managerial Benefits for 2013 – Resolution Common Council Agenda December 5, 2012 Page 2 10. CITY ADMINISTRATION COMMITTEE (CONTINUED) 10.7 A Resolution Authorizing the Issuance of $15,979,453 Bonds of the City of Ithaca, Tompkins County, New York, to Pay the Cost of Certain Capital Improvements in and for Said City. 10.8 City Controller’s Report 11. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: No items were submitted for the agenda. 12. REPORTS OF SPECIAL COMMITTEES: 13. NEW BUSINESS: 14. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 15. MAYOR’S APPOINTMENTS: 15.1 Reappointment to Board of Public Works - Resolution 15.2 Appointments to Community Police Board – Resolution 15.3 Reappointment to Conservation Advisory Council – Resolution 15.4 Reappointment to Rental Housing Advisory Commission – Resolution 16. REPORTS OF COMMON COUNCIL LIAISONS: 17. REPORT OF CITY CLERK: 18. REPORT OF CITY ATTORNEY: 19. MINUTES FROM PREVIOUS MEETINGS: 19.1 Approval of the October 3, 2012 Common Council Meeting Minutes – Resolution 19.2 Approval of the October 24, 2012 Special Common Council Meeting Minutes – Resolution 19.3 Approval of the November 7, 2012 Common Council Meeting Minutes - Resolution 20. ADJOURNMENT: If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at 274-6570 at least 48 hours before the meeting. ______________________________ Julie Conley Holcomb, CMC City Clerk Date: November 29, 2012 8. CONSENT AGENDA ITEMS: City Clerk: 8.1 Request of Downtown Ithaca Alliance to Permit Wine, Beer, and Hard Cider Tasting and Sale of Bottled Wine, Beer, and Hard Cider at the 2012 Annual Chowder Cook-Off – Resolution WHEREAS, the Downtown Ithaca Alliance has requested permission for wine, beer, and hard cider tasting and sales as part of the 2012 Annual Chowder Cook-Off; now, therefore, be it RESOLVED, That the Downtown Ithaca Alliance be authorized to arrange for wine, beer, and hard cider tasting and sale of bottled wine, beer, and hard cider at booths during the Chowder Cook-Off on the Ithaca Commons on December 8, 2012, and, be it further RESOLVED, That the Downtown Ithaca Alliance and participating wineries shall comply with all applicable state and local laws and ordinances, and shall enter into an agreement providing that it will hold the City harmless and indemnify the City on account of any claims made as the result of the sale or tasting of wine and hard cider on the Ithaca Commons, and, be it further RESOLVED, That the Downtown Ithaca Alliance or the participating winery or cider company shall agree to maintain liability insurance in the amount of $1,000,000.00 and Dram Shop Act coverage in the minimum amount of $1,000,000.00 naming the City of Ithaca as an additional insured, and shall provide evidence of such insurance to the City Clerk prior to the event. City Administration Committee: 8.2 Attorney’s Office - Authorization to Enter into a Lease Agreement with Tompkins County for use of City Land Located on Linn Street for a TCAT Bus Shelter - Resolution WHEREAS, Tompkins Consolidated Area Transit, Inc. (TCAT), a not-for-profit corporation, has installed and maintained, at its cost, a bus shelter located approximately ten feet south of the Cascadilla Creek bridge, between the sidewalk and curb, on the east side of the 100 block of Linn Street, in the City of Ithaca, and WHEREAS, the site of the TCAT bus shelter is within the City’s right-of-way for Linn Street, and WHEREAS, the installation and maintenance of the bus shelter provides a clear and desirable benefit to City residents, and WHEREAS, the TCAT bus shelter is currently in use and the City wishes to finalize such agreement with the County regarding the use of said City land for the shelter, and WHEREAS, Section 170-11 of the City of Ithaca Municipal Code, which is entitled “Form and Terms of Leases and Easements”, states that leases of City land shall be subject to approval by Common Council, and WHEREAS, the City’s streets and corresponding rights of way are within the Board of Public Works’ scope and authority, and WHEREAS, the Superintendent of Public Works does not anticipate any conflicts in the near future with public works uses or needs, due to the existing use of City owned property at this location, and WHEREAS, the Board of Public Work has recommended Common Council’s approval of such a lease agreement; and now, therefore, be it RESOLVED, That the Common Council hereby authorizes and directs the Mayor, upon the advice and counsel of the City Attorney, to enter into a lease agreement with Tompkins County for the County’s use of the aforementioned City land to accommodate said shelter, in exchange for the provision of the bus shelter and continued maintenance and repair of said shelter for the duration of the lease term all at no cost to the City, which lease shall include standard terms and provisions, as applicable, and which shall (1) indemnify and hold the City harmless with regard to use of the shelter, (2) allow the County to sublease the premises to TCAT or any comparable transit entity for the purpose of maintaining a bus shelter thereon, and (3) have an original term of ten years, with provision for automatic renewal upon the same terms for up to eight five-year periods thereafter, unless either party notifies the other, in advance, of its intention not to renew. "An Equal Opportunity Employer with a commitment to workforce diversification." M E M O R A N D U M To: Common Council BACK-UP ITEM 8.2 From: Krin Flaherty Date: November 29, 2012 Subject: TCAT Linn Street Bus Shelter Agreement ________________________________________________________________________ The attached documents will enable the City to execute a formal lease agreement with TCAT for the Linn Street bus shelter, which is located within the City right of way. The terms of the agreement include: a ten year initial term, with eight five-year automatic renewals; the County indemnifies and holds the City harmless with regard to use of the shelter; and the City allows the County to sublease the premises to TCAT or any comparable transit entity for the purpose of maintaining a bus shelter. In consideration, the City receives the County’s continued maintenance of the bus shelter. Please note that this is a lease agreement, which allows the City to enter into a longer term for the use of its land, and is not a license agreement. Licenses are renewable every year and approved by the Board of Public Works (BPW). In contrast, City Code Section 170-11 specifies that lease agreements are subject to approval by Common Council. On October 22, 2012, BPW recommended that Common Council approve the agreement by the attached resolution. Therefore, attached please find the following documents for Council’s consideration: - October 22, 2012 BPW resolution recommending approval of the lease agreement; - a proposed resolution for Council to approve the lease agreement; and - a proposed lease agreement between the City and Tompkins County for the use of the City’s right of way on Linn Street for a TCAT bus shelter. Please do not hesitate to contact me if you have questions or require additional information. CITY OF ITHACA 108 East Green Street Ithaca, New York 14850-5690 OFFICE OF THE CITY ATTORNEY Aaron O. Lavine, City Attorney Telephone: 607/274-6504 Robert A. Sarachan, Assistant City Attorney Fax: 607/274-6507 Patricia M. O’Rourke, Assistant City Attorney Krin Flaherty, Assistant City Attorney Jody Andrew, Executive Assistant 8.3 Police Department - Request to Approve Contract with Ithaca City School District for School Resource Officer - Resolution WHEREAS, the 2013 authorized Police Department budget included funding for a School Resource Officer for the Ithaca City School District, and WHEREAS, the School Resource Officer would start working at the school district in early 2013 and be funded approximately 75% by the Ithaca City School District and 25% by the City, and WHEREAS, the contract details between the Ithaca City School District and the City of Ithaca are currently being negotiated; now, therefore, be it RESOLVED, That the Mayor, with the advice of the City Attorney, is hereby authorized to negotiate and execute an agreement with the Ithaca City School District for provisions of a School Resource Officer with approximately 75% of said officer’s expenses to be paid to the City by the School District. 10. CITY ADMINISTRATION COMMITTEE: 10.1 Fire Department - Request to Increase Fees - Resolution WHEREAS, section 181-9 F(1) of the Code of the City of Ithaca states the Fire Chief shall promulgate a fee schedule applicable to the permits authorized under such code; and, WHEREAS, §181-9 F states that fees established in the fee schedule shall reasonably reflect the cost of receiving, investigating, processing, and issuing each of said permits; and, WHEREAS, §181-9 F requires that any schedule and said changes proposed thereto shall be submitted to the Common Council for adoption prior to the collection of such fees; and, WHEREAS, the permit fee schedule is based on the labor costs of performing the inspections and processing the permits; and because of subsequent salary increases and associated cost of fringe benefits the current fees do not reflect the actual costs of the services being provided; and, WHEREAS, the fees were last adjusted and approved by Common Council on January 7th, 2009; and, WHEREAS, a proposal has been prepared and submitted to increase fees generally and as stipulated in the attached schedule, from $44.00 to $50.00 per hour, and from $66.00 to $75.00 per hour for work performed during non-business hours, which will result in such fees reflecting current costs; and, WHEREAS, the prepared proposal includes the additional permit fees for processing and the administration of permits over and above the costs of the actual inspections for issuing such permits; now, therefore be it RESOLVED, That Common Council hereby approves the proposed increase in permit fees; and, be it further RESOLVED, That these changes shall be authorized upon adoption of this resolution by Common Council, with an effective date of January 1, 2013. 2013 Fire Prevention Permit and Inspection Fees Permit Type 2009 through 2012 Fee Schedule 2013 Fee Schedule Comments Assembly Occupancy Permit – new or expired $100/building Issued annually and does not include inspection fees Assembly Occupancy Permit – renewal $50/building Issued annually and does not include inspection fees Elevator Permit $60/elevator unit Issued every 3 years and does not include inspection fees Lumberyard Occupancy Permit $50 Issued annually and does not include inspection fees Hazardous Occupancy Permit $50 Issued annually and does not include inspection fees Fireworks Use Permit $44 $50 Per event and does not include inspection fees Explosives Use Permit $44 $50 Per location and does not include inspection fees Bon Fire Permit $44 $50 Per event and includes 1 inspection Asphalt Kettles Use Permit $44 $50 Per location/month and includes 1 inspection Temporary Propane Permit $44 $50 1 month/venue and includes 1 inspection Temporary Propane Permit $104 $125 6 months/venue and includes up to 2 inspections Temporary Propane Permit $172 $200 12 months/venue and includes up to 4 inspections Welding and Cutting Permit $44 $50 1 month / firm or business and includes 1 inspection Welding and Cutting Permit $104 $125 6 months / firm or business and includes up to 2 inspections Welding and Cutting Permit $172 $200 12 months / firm or business and includes up to 4 inspections Inspection Rates during business hours $44/hour $50/hour Inspection Rates during non-business hours $66/hour $75/hour 10.2 IURA - Housing Fund, Funding Round #6, Authorize Disbursement of $230,000 Pursuant to an Executed Memorandum of Understanding (MOU) - Lead Agency - Resolution WHEREAS, the City of Ithaca Common Council is considering approving funding assistance, pursuant to the Cornell/City/County Housing Fund MOU, to the following affordable housing projects as recommended by the Program Oversight Committee: $100,000 Stone Quarry Apartments, 35 new rental units, INHS/Pathstone $100,000 Seneca/State-MLK/Meadow Street Housing, 56 new rental units, Lakeview Mental Health Services $30,000 10 Hawthorne Circle, 1 rehabilitated owner-occupied unit, INHS $230,000 and, WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be established for conducting environmental review of proposed actions in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review the Lead Agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the construction of 15 or more dwelling units is a Type I action under the City Environmental Quality Review Ordinance (CEQRO), and WHEREAS, the proposed 35-unit Stone Quarry Apartments project has already completed environmental review through the City’s site plan review process resulting in issuance of a negative declaration by the City of Ithaca Planning & Development Board (Planning Board) on October 23, 2012, and WHEREAS, the proposed 10 Hawthorne Circle project consists of rehabilitation of an existing, vacant, single-family home and qualifies as a Type II action listed at 176-5C(2) that requires no environmental review, and WHEREAS, the proposed 56-unit Seneca/State-MLK/Meadow Street Housing project will undergo a future environmental review by the Planning Board through the site plan review process prior to issuance of any building permit, and WHEREAS, the Stone Quarry and Seneca/State-MLK/Meadow Street projects seek low-income housing tax credit allocations through the New York State unified funding process that has revised its submission deadline to January 8, 2012, and WHEREAS, a written local funding commitment makes a project significantly more competitive for funding assistance through the New York State unified funding process, and WHEREAS, without receipt of funding assistance through the New York State unified funding process the Seneca/State-MLK/Meadow Street housing project will not proceed, and WHEREAS, the above circumstances warrant segmenting the environmental review of the proposed action to commit funding for the Seneca/State-MLK/Meadow Street housing project from the site plan review of the Seneca/State-MLK/Meadow Street housing project, which segmentation is no less protective of the environment; now, therefore, be it RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead Agency for the segmented environmental review of the proposed action to approve funding assistance, pursuant to the Cornell/City/County Housing Fund MOU, to the following affordable housing projects as recommended by the Program Oversight Committee: $100,000 Stone Quarry Apartments, 35 new rental units, INHS/Pathstone $100,000 Seneca/State-MLK/Meadow Street Housing, 56 new rental units Lakeview Mental Health Services $30,000 10 Hawthorne Circle, 1 rehabilitated owner-occupied unit, INHS $230,000. 10.3 IURA - Housing Fund, Funding Round #6, Authorize Disbursement of $230,000 Pursuant to an Executed Memorandum of Understanding (MOU) – Environmental Determination - Resolution WHEREAS, the City of Ithaca Common Council is considering approving funding assistance, pursuant to the Cornell/City/County Housing Fund MOU, to the following affordable housing projects as recommended by the Program Oversight Committee: $100,000 Stone Quarry Apartments, 35 new rental units, INHS/Pathstone $100,000 Seneca/State-MLK/Meadow Street Housing, 56 new rental units, Lakeview Mental Health Services $30,000 10 Hawthorne Circle, 1 rehabilitated owner-occupied unit, INHS $230,000 and, WHEREAS, on December 5, 2012, the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action, and WHEREAS, the construction of 15 or more dwelling units is a Type I action under the City Environmental Quality Review Ordinance (CEQRO), and WHEREAS, the proposed 35-unit Stone Quarry Apartments project has already completed environmental review through the City’s site plan review process resulting in issuance of a negative declaration by the City of Ithaca Planning & Development Board (Planning Board) on October 23, 2012, and WHEREAS, the proposed 10 Hawthorne Circle project consists of rehabilitation of an existing, vacant, single-family home and qualifies as a Type II action listed at 176-5C(2) that requires no environmental review, and WHEREAS, the proposed 56-unit Seneca/State-MLK/Meadow Street Housing project will undergo a future environmental review by the Planning Board through the site plan review process prior to issuance of any building permit for the project, and WHEREAS, the Seneca/State-MLK/Meadow Street Housing project seeks low-income housing tax credit allocations through the New York State unified funding process that has revised its submission deadline to January 8, 2012, and WHEREAS, a written local funding commitment makes a project significantly more competitive to receive funding assistance through the New York State unified funding process, and WHEREAS, without receipt of funding assistance through the New York State unified funding process the Seneca/State-MLK/Meadow Street housing project will not proceed, and WHEREAS, the above circumstances warrant segmenting the environmental review of the proposed action to commit funding for the Seneca/State-MLK/Meadow Street housing project from the site plan review of the Seneca/State-MLK/Meadow Street housing project, which segmentation is no less protective of the environment; now, therefore, be it WHEREAS, the Full Environmental Assessment Form (“FEAF”) and supporting information has been provided to the City of Ithaca Conservation Advisory Council for review of the proposed action and no comments have been received to date, and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the environmental review, has reviewed and accepted as adequate a Full Environmental Assessment Form, Part 1 and Part 2; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby determines that approving funding assistance, pursuant to the Cornell/City/County Housing Fund MOU, to the following affordable housing projects as recommended by the Program Oversight Committee: $100,000 Stone Quarry Apartments, 35 new rental units, INHS/Pathstone $100,000 Seneca/State-MLK/Meadow Street Housing, 56 new rental units, Lakeview Mental Health Services $30,000 10 Hawthorne Circle, 1 rehabilitated owner-occupied unit, INHS $230,000 will result in no significant impact on the environment and that a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act. 10.4 IURA - Housing Fund, Funding Round #6 – Authorize Disbursement of $230,000 Pursuant to an Executed Memorandum of Understanding (MOU) - Resolution WHEREAS, the Housing Fund Program Oversight Committee (POC) met on November 15, 2012, to review recommendations from the Application Review Committee of round #6 funding applications for new affordable housing projects; and WHEREAS, the City of Ithaca is represented on the POC by Alderperson J.R. Clairborne, Alderperson Chris Proulx, and Doug Dylla, past member of the Ithaca Urban Renewal Agency (IURA); and WHEREAS, the Housing Fund was established in 2009 by Memorandum of Agreement (MOU) as a six-year program between and among the City of Ithaca, Tompkins County and Cornell University to capitalize and award funds to increase the supply of permanently affordable housing in the County, and WHEREAS, the Common Council found that City contributions to the Housing Fund should be used to assist projects located within the City of Ithaca, and WHEREAS, City funds committed to the Housing Fund are derived from Gateway Loan proceeds that originated from sale of City-owned land for the Eddygate project, and are held by the IURA, and WHEREAS, a total of up to $880,000 is available to award in round #6 as follows: Funding Sources ($1,000s) Cornell Tompkins City of Funding Awards University County Ithaca Total Total 4-Year Funding Commitment 800400400 1,600 Round #1 (2009) 14510030 275 Round #2 (2010) 757070 215 Round #3 (2011) 1001000 200 Round #4 (2011) 0030 30 Round #5 (2012) 0 0 0 0 Totals Awards 320270130 720 Remaining Funds for Round #6 480130270 880 and, WHEREAS, the POC recommends round #6 funding of a total of $780,000 for six affordable housing projects, of which the City of Ithaca (City) is recommended to fund $230,000 as follows; now therefore, be it Round #6, Housing Fund - Recommended Funding Awards Funding ($1,000s) Applicant Project # Afford. Units Location Cornell County City Total INHS 10 Hawthorne Circle 1 owner- occupied City of Ithaca 00 3030 INHS/ Pathstone Stone Quarry Apt. 35 rental City of Ithaca 1000 100200 Habitat Village Builds 4 owner- occupied (V)Groton & T-burg 1200 0120 Lakeview Mental Health Seneca/State - MLK/ Meadow St. Housing 56 rental City of Ithaca 1000 100200 BHTC/NRP Lansing Senior Cottages 68 rental (T) Lansing 70130 0200 New Earth Living Aurora Pocket Neighborhood 1 owner- occupied City of Ithaca 300 030 Totals 165 420130 230780 RESOLVED, That the Common Council for the City of Ithaca hereby authorizes a total expenditure of up to $230,000, pursuant to the Housing Fund MOU, to assist the following projects as recommended by the Housing Fund’s Program Oversight Committee: $100,000 Stone Quarry Apartments, INHS/Pathstone $100,000 Seneca/State-MLK/Meadow Street Housing, Lakeview Mental Health $30,000 10 Hawthorne Circle, INHS, and be it further, $230,000 RESOLVED, That such funds shall be derived from Gateway Loan Proceeds held by the Ithaca Urban Renewal Agency, and be it further, RESOLVED, That the Mayor is authorized, subject to advice of the City Attorney, to execute a fiscal agency agreement with Tompkins County to implement this resolution. 10.5 Department of Public Works - Septage Receiving Facility Project Funding - Resolution WHEREAS, the Ithaca Area Wastewater Treatment Plant’s Special Joint Committee at its November 14, 2012 regular meeting selected the three lowest qualified bids for General Construction, Electrical and Heating Ventilation and Air Conditioning, for the rebuilding of the Septage Receiving Facility, and WHEREAS, the lowest qualified bid for Contract #12-001 and its alternate 12-001A for General Construction submitted by McPherson Builders in the amount of $1,919,000 and $1,936,000 respectively, and WHEREAS, the lowest qualified bid for Contract #12-002 for Electrical Construction submitted by Nelcorp Electrical in the amount of $339,250, and WHEREAS, the lowest qualified bid for Contract #12-003 for Heating Ventilating and Air Conditioning Construction by JW Danforth Co. in the amount of $524,000, and WHEREAS, the cost for these contracts shall be borne by the Town of Dryden, Town of Ithaca and the City of Ithaca based on the percentage of ownership assigned to each municipality; now, therefore be it RESOLVED, That the partners hereby authorizes the Ithaca Area Wastewater Treatment Facility Septage Receiving Facility rebuild in the amount not to exceed $3,077,475, which includes the contract values plus a 10% contingency, and be it further RESOLVED, That the Ithaca Area Wastewater Treatment Facility is hereby authorized to negotiate a final contract based on this resolution, and be it further RESOLVED, That the City of Ithaca Mayor, the Town of Ithaca Supervisor and the Town of Dryden Supervisor be authorized to sign the contracts, and be it RESOLVED, That in accordance with the final contracts to be negotiated among the partners and the three qualified lowest bidders, funding for said project shall be acquired thru the issuance of Serial Bonds based on the following schedule which are to include interest rates as stipulated by the City of Ithaca Controller, and Municipality Percentage Project Cost City of Ithaca 57.14 $ 1,758,469.22 Town of Ithaca 40.88 $ 1,258,071.78 Town of Dryden 1.98 $ 60,934.00 $ 3,077,475.00 be it further RESOLVED, That Common Council hereby establishes Joint Activity Capital Project 418J Septage Receiving Facility in the amount not to exceed $3,077,475, and be it further RESOLVED, That funding for said project is contingent on the approval of the City of Ithaca, Town of Ithaca, and the Town of Dryden. 10.6 Human Resources - Amendment of Managerial Benefits for 2013 - Resolution WHEREAS, Periodic updates are required to clarify existing practices or to indicate changes in benefits for managerial personnel not covered by a bargaining unit, and WHEREAS, The Human Resources Director has revised and updated the Fringe Benefits for Managerial Personnel accordingly; now therefore be it RESOLVED, That the current fringe benefits for managerial personnel not covered by a bargaining unit be amended as follows: CITY OF ITHACA FRINGE BENEFITS FOR MANAGERIAL PERSONNEL 1. Annual Leave: Managerial employees shall earn annual leave on a monthly basis in accordance with the following schedule: Length of Service 40 hours/week 35 hours/week less than 2 years 10 hrs/mo (3 wks) 9 hrs/mo (3 wks) 2-4 years 14 hrs/mo (4 wks) 12 hrs/mo (4 wks) 5-9 years 17 hrs/mo (5 wks) 15 hrs/mo (5 wks) 10 or more years 20 hrs/mo (6 wks) 18 hrs/mo (6 wks) Annual leave shall be posted on the first day of each month, beginning with the first day of the month following the month of hire. Annual leave may be accumulated up to a maximum of forty (40) days; provided, however, that no more than thirty (30) days of accumulated annual leave shall be paid on separation from service. Unused annual leave in excess of this amount may be applied toward the purchase of health and dental insurance upon retirement. An employee may elect to cash in up to ten (10) days of unused annual leave in December of any calendar year. 2. Holidays: Holiday leave shall be as follows: January 1st Columbus Day Martin Luther King Day Veteran’s Day President’s Day Thanksgiving Memorial Day Day After Thanksgiving Independence Day Christmas Labor Day One (1) annual leave day to be credited 2/1* Whenever any of these holidays falls on a Saturday, the preceding Friday shall be considered the holiday. If on Sunday, the following Monday shall be considered the holiday. * An annual leave day was added in lieu of Lincoln’s Birthday, pursuant to a resolution adopted by Common Council on December 5, 2007. The annual leave day is accrued on February 1st of each year. Managerial employees who work shortened workweeks (i.e. fewer than five days per week) that do not coincide with the established managerial holiday benefit schedule shall receive annual leave accruals on the designated holidays rather than observing the designated holidays as days off. Annual leave accruals shall be prorated as appropriate, based on the employees standard workweek. (For example, a 20 hr/wk employee shall accrue four (4) hours of annual leave on each holiday; a 40 hr/wk employee shall accrue eight (8) hours of annual leave on each holiday.) Such annual leave accrual shall be a replacement for paid holidays off, not a supplement to them. 3. Sick Leave: Sick leave shall accumulate at the rate of one (1) day per month. Sick leave shall be posted on the first day of each month, beginning with the first day of the month following the month of hire. There shall be unlimited accumulation of sick leave. Any employee who is injured in the course of his/her employment and who is entitled to benefits under the provisions of Workers’ Compensation Law may elect to use his/her accumulated sick leave benefits to cover the workers compensation absence. If an employee elects to do so, the amount of any award made to the employee by the Workers’ Compensation Board for any period of time during which the employee used sick leave benefits shall be paid to the City of Ithaca, which in turn will reimburse the employee's sick leave account with the amount of sick leave equivalent to the financial value of the award. 4. Sick Leave Bank: Employees may voluntarily make or receive a donation of accumulated sick leave or annual (vacation) leave to or from any City of Ithaca employee. The employee receiving the donated time must have exhausted his/her leave time. The request to transfer leave time must be submitted in writing to the Human Resources Department. 5. Sick Leave Buyout Upon an employee’s retirement, the employee shall be compensated for unused sick leave as follows: a. The employee may elect to receive a cash settlement for unused sick leave not to exceed $11,000. The employee may elect to have the above cash settlement paid weekly as regular salary during his/her last six (6) months of employment; provided, however, that no such settlement shall be paid until after the employee has submitted a letter of commitment which specifies the date of retirement. If the employee elects to receive the above cash settlement and has accumulated sick leave credit in excess of the above amount, the remaining sick leave, computed at the employee’s current rate of pay, may be applied toward the payment of extended health and/or dental insurance coverage until exhausted. b. The employee may elect to waive the cash settlement described in (a) above, and apply all of his/her accumulated sick leave toward extended health and/or dental coverage. If the cash settlement is waived, extended health and dental insurance coverage shall be provided at the rate of one (1) month of insurance for each twelve (12) hours of accumulated sick leave. In the event of an employee’s death prior to his/her retirement, or if retired, prior to the exhaustion of remaining accumulated funds, such monies due the employee shall be applied toward the purchase of health insurance for his/her surviving dependents, if any. Upon the exhaustion of the above credits in (a) and (b) above, the City will no longer extend health insurance coverage to retirees and dependents except by direct full payment to the City by the retiree at the appropriate rate available as determined by the City. 6. Bereavement Leave: In the event of death in the immediate family of the employee or family of the employee’s spouse or domestic partner, such employee shall be allowed a leave of absence with pay to a maximum of three (3) days. The Mayor may grant additional time as needed. The immediate family is defined as: the spouse or domestic partner, parent, grandparent, child, grandchild, brother or sister of the employee or the parent, grandparent, child, grandchild, brother or sister of the spouse or domestic partner. It shall apply also to any other relative living in the same household. In the event of death of a friend, family member not in the immediate family or associate of an employee, such employee may be allowed a leave of absence with pay of one (1) day. The Department Head or Mayor, if the department head makes the request, must approve this leave of absence. 7. Parenting Leave: Any employee taking a parenting leave shall be entitled to use up to eight (8) weeks of accumulated sick leave without providing a doctor’s certificate. Parenting leaves shall be available to both male and female employees and shall be available only in the case of childbirth or adoption. Employees may use additional sick time at the end of the eight (8) week period for parenting leave upon presentation of a doctor’s certificate attesting to the necessity of such continued leave from employment. 8. Jury Duty: An employee shall be granted a leave of absence, with pay, at no loss of accrued leave, to serve jury duty or to appear as a witness pursuant to subpoena, or other order of the court upon presentation to the City of proof thereof. Any compensation received from the court except expense reimbursement, shall be returned to the City. 9. Work Schedule: The City recognizes the need to provide a certain degree of flexibility in the work schedules of managerial employees to accommodate for work performed during non-traditional work hours. 10. Health & Dental Insurance: All employees shall contribute 20% of the health insurance premium equivalent for the type of health insurance (individual or family coverage) that the employee has elected. Effective January 1, 2013, the employee prescription drug co-pay shall be $5 for generic drugs, $15 for brand name drugs that do not have a generic equivalent, and $30 for brand drugs that have a generic equivalent. Each prescription may be filled for up to a three month supply at a time. The City will provide the Excellus Blue Cross/Blue Shield Schedule A Dental Plan as individual and/or family coverage, at no cost to the employee. Employees who elect to carry prime blue dental insurance instead of the Schedule A Dental Plan shall be responsible for payment of the difference between the two premiums. Employees who elect to carry Focus Vision Insurance shall be responsible for payment of the full premium. 11. Retirement: The City shall provide membership in the New York State Employees’ Retirement System with benefits as described in the “Improved Non-Contributory Plan” (Section 75-i). In addition, the City shall provide Section 384d benefits for members of the uniformed services, including Section 302(9)(D) for Tier 1 members. 12. Day Care: The City shall continue to provide the established Day Care Assistance Program (Cash Subsidy Program, Flexible Spending Account and Flexible Work Schedule) according to the program and procedures adopted by the Ithaca Common Council. 13. Educational Assistance: The City of Ithaca agrees to pay the tuition for education courses, including technical and trade schools, to assist employees in furthering their education and enhancing their ability and effectiveness on the job. Such assistance shall be limited to courses which are related to an employee’s position and which will further development in the performance of the employee’s duties. Additionally, the employee must receive a passing grade in the course before reimbursement will be issued. Educational assistance shall be limited to two (2) courses per calendar year for permanent or provisional employees. No employee shall receive assistance for more than a career limit of twenty (20) courses. The City shall pay the actual per hour tuition cost of any approved courses, provided that any employee who receives educational assistance shall reimburse the City for the cost of any course if the employee chooses to leave City employment within six (6) months of the conclusion of that course. 14. Mileage Reimbursement: Employees who are required to use their personal automotive vehicle in the conduct of official business shall be reimbursed at the prevailing IRS rate. Revised: December 5, 2012 10.7 A Resolution Authorizing the Issuance of $15,979,453 Bonds of the City of Ithaca, Tompkins County, New York, to Pay the Cost of Certain Capital Improvements in and for Said City WHEREAS, all conditions precedent to the financing of the capital projects hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital projects; now, therefore, be it RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the object or purpose of paying the cost of certain capital improvements in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $15,979,453 bonds of said City pursuant to the provisions of the Local Finance Law, apportioned among such capital improvements in accordance with the maximum estimated cost of each. The capital improvements to be financed pursuant to this bond resolution, the maximum estimated cost of each, the amount of bonds to be authorized therefore, the period of probable usefulness of each, and whether said capital improvements are each a specific object or purpose or a class of objects or purposes, including in each case incidental improvements, equipment, machinery, apparatus, appurtenances, furnishings and/or expenses in connection therewith, is as follows: a) Purchase and installation of radio units to implement banding conversion for the Department of Public Works, in and for said City, including incidental expenses in connection therewith, at a maximum estimated cost of $65,000. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $65,000 bonds of the $15,979,453 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 5 years, pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law; b) Purchase of an ice resurfacer for Cass Park Rink, in and for said City, at a maximum estimated cost of $100,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $100,000 bonds of the $15,979,453 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 5 years, pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law; c) Purchase of a mass transit bus and related transit equipment improvements, for said City, at a maximum estimated cost of $100,978. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $100,978 bonds of the $15,979,453 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 5 years, pursuant to subdivision 29 of paragraph a of Section 11.00 of the Local Finance Law; d) Reconstruction of and construction of improvements to the Seneca Street parking garage (Phase 2), in and for said City, at a maximum estimated cost of $500,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $500,000 bonds of the $15,979,453 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 25 years, pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law; e) Acquisition of replacement computer email system, for said City, at a maximum estimated cost of $83,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $83,000 bonds of the $15,979,453 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 5 years, pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law; f) Reconstruction of and construction of improvements to Old Elmira Road, in and for said City, including resurfacing and street base improvements, sidewalks, curbs, gutters, drainage, landscaping, grading, bicycle lanes and bus stops, at a maximum estimated cost of $1,042,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $1,042,000 bonds of the $15,979,453 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 15 years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law; g) Reconstruction of Ithaca Commons Pedestrian Mall, in and for said City, including utility replacement, electrical upgrades, surface treatment, and various new site amenities, at a maximum estimated cost of $9,000,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $9,000,000 bonds of the $15,979,453 bonds of said City authorized to be issued pursuant to this bond resolution, PROVIDED, HOWEVER, that to the extent that any Federal or State grants-in-aid are received for such specific object or purpose, the amount of bonds to be issued pursuant to this resolution shall be reduced dollar for dollar. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 20 years, pursuant to subdivision 80 of paragraph a of Section 11.00 of the Local Finance Law, and it is hereby further determined that the period of probable usefulness of 5 years pursuant to paragraph 62(2nd) thereof for the preliminary planning and design costs related thereto in the amount of $800,000 is hereby revised and the bond resolution dated and duly adopted on December 1, 2010 authorizing same, is hereby amended to provide said new period of probable usefulness therefor; h) Purchase and installation of parking pay stations (Phase 2), in and for said City, at a maximum estimated cost of $200,000. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $200,000 bonds of the $15,979,453 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 5 years, pursuant to subdivision 50 of paragraph a of Section 11.00 of the Local Finance Law; i) Reconstruction of and improvements to the sanitary sewer main on James L. Gibbs Drive, in and for said City, at a maximum estimated cost of $128,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $128,000 bonds of the $15,979,453 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 40 years, pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law; j) Reconstruction of and improvements to the Esty Street water and sewer mains, in and for said City, at a maximum estimated cost of $190,000. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $190,000 bonds of the $15,979,453 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 40 years, pursuant to subdivision 102 of paragraph a of Section 11.00 of the Local Finance Law, based upon subdivisions 1 and 4 thereof; k) Reconstruction of and improvements to the Wood Street sanitary sewer pump, in and for said City, at a maximum estimated cost of $60,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $60,000 bonds of the $15,979,453 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 40 years, pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law; l) Reconstruction of and improvements to the Ithaca Commons Pedestrian Mall water main, in and for said City, at a maximum estimated cost of $573,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $573,000 bonds of the $15,979,453 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 40 years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law; m) Reconstruction of and improvements to the Ithaca Commons Pedestrian Mall sewer main, in and for said City, at a maximum estimated cost of $860,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $860,000 bonds of the $15,979,453 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 40 years, pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law; and n) Improvements to the Ithaca Area Wastewater Treatment Facility septage receiving facilities, in and for said City, including a new underground storage tank, new food waste collection tanks and reconstruction of existing tanks, at a maximum estimated cost of $3,077,475. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $3,077,475 bonds of the $15,979,453 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 40 years, pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law; and Section 2. The aggregate maximum estimated cost of the aforesaid objects or purposes is $15,979,453, and the plan for the financing thereof is by the issuance of the $15,979,453 serial bonds authorized by Section 1 hereof, allocated to each of the objects or purposes in accordance Section 1 hereof. Section 3. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 5. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of the City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Treasurer applicable to the sale of municipal bonds. The receipt of the City Controller shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. This resolution, which takes effect immediately, shall be published in summary form in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. 15. MAYOR’S APPOINTMENTS: 15.1 Reappointment to Board of Public Works – Resolution RESOLVED, That Robert F. Morache be reappointed to the Board of Public Works with a term to expire December 31, 2015, and be it further 15.2 Appointments to Community Police Board – Resolution RESOLVED, That Carl Edward Baker be appointed to the Community Police Board to fill a vacancy with a term to expire December 31, 2015, and be it further RESOLVED, That Ralph LaPadula be appointed to the Community Police Board to fill a vacancy with a term to expire December 31, 2015, and be it further RESOLVED, That E. Alex Brower be appointed to the Community Police Board to fill a vacancy with a term to expire December 31, 2013, and be it further 15.3 Reappointment to Conservation Advisory Council – Resolution RESOLVED, That Jesse Hill be reappointed to the Conservation Advisory Council with a term to expire December 31, 2016, and be it further 15.4 Reappointment to Rental Housing Advisory Commission – Resolution RESOLVED, That Larry Beck be reappointed to the Rental Housing Advisory Commission with a term to expire December 31, 2015.