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HomeMy WebLinkAboutMN-B&A-2000-02-23 (2) BUDGET AND ADMINISTRATION COMMITTEE FEBRUARY 23, 2000 7:30 P.M. COMMON COUNCIL CHAMBERS AGENDA Statements from the Public Amendments to Tonight' s Agenda A. Common Council B. Chamberlain 1 . Parking Tickets - Report C. Planning Department 1 . Proposed Cherry Street Development - Discussion D. Youth Bureau 1 . Request to Amend 2000 Youth Development Budget - Resolution E . Fire Department 1 . 911 Communications - Discussion F. DPW 1 . Fuel Costs - Discussion 2 . Request to Amend City Hall Renovations Capital Project - Possible Resolution 3 . City Sidewalk Program - Discussion G. Reports 1 . Approval of April 28, 1999 minutes - from January, 2000 meeting 2 . Mayor' s Report 3 . Council Members' Announcements 4 . Next Month' s Meeting: March 29, 2000 4� 41 �-cS CA3 '�' 67$'COG� �l 3 3 � �,((n ops �. �,� CL C3 OCL CA-V�-ovN� � apeL�-� � ( � � �� 1`v�e.( � � F� «�c v N ��' p F t csi r kc(�s-� �o�.► �. r n�tr-QS - r�-O,aaog� fca&S �K, ©, 6tTQ a[Cand' • • 1999 FUEL USE BY ACCOUNT TOTAL TOTAL TOTAL ACCOUNT AMOUNT DSL GAL UNL GAL Sw 0391-151 $ 3,577.25 3604.1 2170.5 1440-420 $ 310.59 476.5 1490-420 $ 47.19 81.6 1620-420 $ 1,709.42 2718.3 1 Pt� 3120-420-5001 $ 25,325.28 40577.3 3311-420 $ 1,048.79 1726.8 3312-420 $ 979.95 821.3 775.2 I t=Tl 3410-420-12250 $ 131906.44 16711.0 6499.1 -t,,,sA, + 3620-420 $ 1,040.39 1805.8 w 391-16 $ 61964.31 11030.8 12366.7 S 391-17 $ 6,913.37 391-21 $ 171423.79 27290.9 391-161 $ 228.40 378.3 wwT P 4407-420. $ 1,822.93 1144.4 1807.7 5010-420 $ 312.72 491 .8 5111-420 $ 15,491.14 22090.1 3533.6 5120-420 $ 11263.10 155.7 1920.6 5132-420 $ 11341.91 2184.6 5142-420 < $ 27.54 19.1 32.9 5411-420 $ 624.43 162.4 769.1 5630-420 $ 360.34 539.4 7111-420 $ 41840.72 3873.5 4251.2 7310-420-1512 $ 13.86 29.9 7250-420 $ 847.21 695.2 762.4 7310-420-1400 $ 2,238.39 3643.9 7311-420-1100 $ 11119.50 1797.4 8170-420 $ 21330.57 3125.3 1231 .6 8810-420 CREDIT A445 $ 112,109.54 63432.9 119863.1 CITY OF ITHACA--UNRESTRICTED/RESTRICTED CONTINGENCY ACCOUNT SUMMARY 2000 UNRESTRICTED CONTINGENCY BALANCE UNRESTRICTED CONTINGENCY 2/23/00 $100.000.00 _ RESTRICTED r CONTINGENCY Drug Court Assistance Council $18,000.00 Midnight Basketball at GIAC Council $12,000.00 Census 2000 Activity Council $10,000.00 F/T City Attorney Upgrade Council $38,102.00 ;Management Compensation Plan Council $10,000.00 Cass Park Pool Operating Season Extension to 8/31/2000 City Portio Council $2,300.00 Position Upgrades to $16,500 (2 Chamberlain, 1 Police, 5 GIAC) Council $6,790.00 r o — BALANCE RESTRICTED CONTINGENCY 2/23/00 $97.192.00 BALANCE UNRESTRICTED/RESTRICTED CONTINGENCY 2/23/00 $197.192.00 March COUNCIL PROPOSED RESOLUTIONS: $0.00 $0.00 _ $0.00 _ $0.00 0.00 — $0.00 Balance Unrestricted Contingency after March Proposed Resolutions $100.000.00 OFFICE OF _ THE SHERIFF OF TOMPKINS COUNTY 779 WARREN ROAD 'R TEL: (607)257-1345 ITHACA, NY 14850 FAX: (607) 266-5436 PETER J.MESKILL RANDOLPH W. HAUS SHERIFF UNDERSHERIFF Our problem? We can't talk! Our current communication system was great 25 plus years ago but now we face some major problems and communications issues on a daily basis. We are concerned about the safety of our public safety providers, the Police Fire and EMS personnel that serve your community. When Public safety providers and responders can't communicate, it dramatically slows the emergency response program. Do you want public safety providers working under tense emergency situations to become frustrated and their response dramatically slowed or their actions hampered because they can not communicate with each other?Of course not! However,that is exactly what occurs now in Tompkins County! Many locations throughout the county are covered so poorly by our current aging system that it makes it difficult or impossible to effectively communicate. An officer(police or fire)with a portable radio,trying to communicate what they need, has a difficult and/or impossible task. The need during an emergency, to communicate with additional units or the base office, is vital to providing effective and lifesaving emergency services. Several times during the week Sheriffs deputies in rural areas, or even at the Pyramid Mall, and are unable to communicate. Right now we have difficulty, and in too many circumstances, are totally unable to communicate in parts of Newfield, Groton, Caroline, Danby, Dryden,Ulysses and Lansing. Yes its true, it's almost impossible to communicate with your portable radio in Pyramid Mall! How would you like to be the police or fire officer that answers a routine alarm and finds an armed bank robber taking hostages or a working fire rapidly engulfing a department store,and you are unable to communicate your needs? Our current communication system cannot help us in these situations. This makes it difficult for our people to provide the public safety you demand and expect. Think about that! We have extreme difficulty communicating our needs, in one of the most heavily populated public areas of Tompkins County. The county desperately needs an updated public safety communications system that allows us to communicate effectively with each other to provide the public safety you demand and expect. Your support,understanding and assistance are needed. Please support our need to be able to effectively communicate with each other so we can help you in your time of need. Help us help you! Thank you, Peter J. Meskill, Sheriff of Tompkins County O�1THq CITY OF ITHACA 310 West Green Street Ithaca, New York 14850-5497 i OFFICE OF THE FIRE CHIEF RAT Eo Telephone: 607/272-1234 Fax: 607272-2793 31 JAN 00 County Communications System Shortcomings Put Public Safety Personnel at Risk Recent fires have underscored the fact that the continuing deterioration of the County's public safety radio communications network has created severe difficulties in dispatching to fire and emergency medical units, communicating between public safety officers in the field and their respective dispatch centers, and communication between personnel operating at emergency incidents. This situation is made worse due to the loss of certain radio frequencies. This restricts-the ability of fire fighters to subdivide complex fire operations and it reduces the number of frequencies available to use in coordinating mutual aid responses. Signal degradation as the result of artificially extending the life of 1950's vintage low-band transmitters has caused severe reception problems for paging operations, which affects such things as transmission of alarms and access of lock box keys in vehicles. Lack of coverage by the current system results in many areas in the County where radio communications from a field unit to a dispatch center is impossible. As an example, a Sheriff's deputy alone at a hostile situation who needs assistance may very well be unable to contact anyone to help. Many fire departments are suffering from a shortage of portable radios because replacements have not been purchased. This is because the proposed solution to all of these problems has been . significantly delayed. That solution is the proposed 800 MHz trunked communications system that has been combined with the project to centralize 911 and the development of a new county information system network (CISNET). Without portable radios, personnel operating in emergency situations cannot communicate to report progress or call for assistance. Finally, lack of an adequate number of frequencies for emergency operations means that, for example, critical functions at a fire scene must share frequencies. This results in critical messages being delayed or missed entirely. If a fire fighter is in trouble in a burning building, he or she may only have one opportunity to radio for help. Clearly this is an urgent issue requiring focused and intense effort by all parties involved. The communications system upgrade is not a luxury nor a solution that can wait. Although the County has engaged this issue and some concrete planning has been done, the need for a fast- track solution is imperative. Released by: L Brian H. Wilbur Fire Chief Ithaca Fire Department 31 JAN 00 Examples of Radio or Communications Problems Experienced page 1 Signal Degradation: Paging system is unreliable. Ithaca Fire Department Many times personal pagers and sometimes station paging does not activate which results in alarm response being delayed or missed. Other times, the transmission is so garbled that it is impossible to understand the message. Lock Box key release is unreliable and requires many attempts to secure the lock box key from the key receiver in each apparatus. During the recent fire on The Commons, a fire fighter had to be detailed to drive a staff vehicle around the area until he could find a location where the lock key box would receive the release signal from the dispatch center. That fire fighter was needed at the fire, not driving around trying to access a lock box key. Slaterville Fire Company A Slaterville Fire Company paramedic across the street from a recent emergency medical call did not hear the dispatch and was unaware of the emergency until after others had responded with the ambulance. An opportunity for skilled intervention within a minute of the dispatch was lost. Lack of Coverage: Communications with the dispatch center are unreliable in that tower coverages are inadequate to reach many areas of the City and County. Newfield Fire Company Radio communications with dispatch are unreliable due to dead spots from mobile radios all over the district, including the Newfield Main Street and Route 13 near Main Street, Route 13 at the County line, Vankirk and Shaffer Roads. Portable radio coverage is worse. Lack of "repeating" capability results in unit-to-unit communication within the district is very poor. Varna Fire Company Due to terrain, difficulty in communicating between fire/rescue crews and incoming Dryden Ambulance is severe. Vital patient information, ambulance arrival times, and much more information is not shared due to communications difficulties. Much of the Varna Fire Company's service area in the Ellis Hollow area is hampered by poor communications on the primary fire frequency they use. Ithaca Fire Department Fire fighters working within certain buildings cannot communicate with personnel outside or with dispatchers. Ithaca Fire Department 31 JAN 00 Examples of Radio or Communications Problems Experienced page 2 Frequently, rescue operations in area gorges are made more hazardous due to the inability of workers in the gorge to reach dispatch centers and/or on scene personnel. A rescue operation last summer in the Six Mile Creek gorge was hampered as fire-rescue crews entered an area of the gorge from up- and down-stream directions to locate the victim and could not talk to each other or to the dispatch center. Trumansburg Fire Department Fire and rescue operations along the lake shore are extremely difficult to manage due to the inability of the communications system to reach that area. Loss of simulcast frequency means that a tactical frequency is also being lost. County fire units already share radio frequencies which results in units talking on top of each other, or having to wait for clear air time. Lost messages abound. One of the major findings from the Columbine tragedy comes down to the inability of multiple agencies to communicate with each other. Interoperability between agencies and individual units operating at the scene of an emergency is critical; as a direct result of staffing deficiencies, now so more than ever. Lack of portable radios due to delaying acquisition based on 800 MHz system means that many fireground functions are not supported with the ability to communicate with other tactical teams or with the incident commander. Ithaca Fire Department Command operations at a recent fire on The Commons were hampered due to the inability of 11 year old portable radios to properly scan the frequencies in use. As a result, crews working in the interior and dispatchers had extreme difficulty contacting incident command personnel. Trumansburg and Ithaca Fire Departments Budget uncertainties related to how the communications problems will be solved have created, or will create difficulties for many agencies in funding replacement radios, or alternative systems. What is Trunking,Radio Trunking is the most effective use of a small number of radio frequencies controlled by a software system. The present 14 site 100 frequency radio system to be replaced by 10 frequency, 800 MHz simulcast trunking system. This will reduce by 5 sites to only 9 sites with increased radio coverage by end user. In effort to meet Federal Communication Commission 1993 refarming act of frequencies and at same time up-grade and improve County All Agency Area Wide Communication System. The design system provides a strong backbone for any and all users, (school buses, T-Cat, Health Department, Highway and Department of Public Works, Ambulance, Police, Sheriff's Department, Fire/Rescue, Cornell, etc. By building the designed 800 MHz 10 frequency trunking radio system we will not only be working with approved FCC radio frequencies for ALL, throughout Tompkins County, the system allows for 400 different users and 4000 talk groups. Exam lie. User—Ithaca Department of Public Works Talk Group- Snow Plow Sign Department Supervisors Flaggers Other Towns Police Fire/Ambulance Bridge Department In time of greater need 800 MHz trunking will put any one agency or groups of agencies in a tally group (911 Dispatch) together — City Fire, City Police, Department of Public Works, City Transit,T-Cat, and City School. Also there will be an improvement of the inter-connect of(9) sites with high-speed digital data by use of 6/10 GHz microwave. The digital microwave will provide Fire/EMS emergency pagers, to update from their 1950 system. By this upgrade there will be greater coverage by allowing personnel quicker response to their Emergency call. TO SUM UP 800 MHz TRUNKING! Reduce from 14 County sites and 100 Radio Frequencies with little or NO interagency communication, to 9 Sites with 800 MHz trunking simulcast 10-frequency system. This 800 MHz trunked County All Agency Area Wide Communication System with digital data and paging,with 95% coverage for any and all agencies with hand held units. To: From: Jack Miller Date: December 13, 1999 Subje,et. Issues to be addressed by the 800 MHz Communication A. To provide one County v de voice radio system to all levels of city, town, :.nllage, county and campus operation. 13. Must provide to level;that a person in a light constructed building.with 95% cove.age 95%of the time and-from-any point in the County with a portable and may have communication.to other portable units in the field and.other agencies and communication centers. Dic*tal.trunking is use of 10 pair of communication lines. By use of high speed da,a operation,will enable all users.their own prvatc talk group and also will sllc«r later group communication'between any other group. Sys:e4i must provide.a minimum 400 talk groups and 4000 individual user units. r. The design.needs to meet these requirements and viii need nine transmit`ung Oars throughout'the County. F. These nine sites along with one new L-911 Combined Dispatch Center and present mobile data system will be interconnected by high speed 6/10 GHz microwave. G. Change out 1950 low band voice wily county paging with 450 MHz simultaneously tone voice and alphanumeric paging. • Oavis Rd 180 FT `s_ _ t Sin ea "{ e;1^. 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As City Attorney effective July 1, 2000, and WHEREAS: The City Attorney position has been vacant since January 1, 2000, and WHEREAS: The daily workload of the Attorneys office warrants legal resources prior to July 1, 2000, and WHEREAS: Common Council set aside $35,000 in restricted contingency for a full-time City Attorney, and, therefore be it RESOLVED: That the Mayor has authorization to obtain part- time Acting City Attorney for an amount up to $35,000 until July 1, 2000, and, be it further RESOLVED: That $35,000 be transferred from restricted contingency account A1990 to the City Attorney contract line A1420 5420. Request to Permit Wine Tasting and Sale of Bottled Wine at the Great Chili Cook-off RESOLVED, That King Ferry Winery shall be authorized to sell wine and to permit tasting of the wines it sells at a booth during the Great Chili Cook-off held on the Ithaca Commons on February 26, 2000, subject to said entity's compliance with all applicable state and local laws and ordinances, and upon the entity entering into an agreement providing that it would hold the City harmless and indemnify the City on account of any claims made as the result of the sale or tasting of wine on the Ithaca Commons, and upon the entity agreeing to maintain liability insurance in the amount of $500, 000. 00 and Dram Shop Act coverage in the minimum amount of $500, 000. 00 and providing evidence of such insurance to the City of Ithaca. �I �,�"Z°•"' CITY OF ITHACA FEB 1 7 X000 108 East Green Street Ithaca, New York 14850-5690 _. By c0'•«,,,,..•+�� DEPARTMENT OF PLANNING AND DEVELOPMENT A��10 H. MATTHYS VAN CORT, DIRECTOR OF PLANNING AND DEVELOPMENT DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT Telephone: Planning&Development-607/274-6550 Community Development/IURA-607/274-6559 Fax: 607/274-6558 February 16, 2000 TO: B &A Committee �,( FROM: Doug McDonald _v'v . Director of Economic Development SUBJECT: Cherry Street 11 Development Project As you may be aware the City of Ithaca recently acquired a parcel of land to the south of existing Cherry Street. It is intended that his 8.2 acre parcel will be used to develop additional business projects similar to the type of business already located on Cherry Street I. We estimate that approximately 5 of the 8 acres are available for development. To date we have just completed a pre-engineering study of the land and we are in the preliminary stages of negotiating a possible development project on a portion of the new parcel. Our thinking is that the City would develop the infrastructure for this site and then offer lease/purchase opportunities for developers. Following are the financial details of how we propose to develop the parcel. Please keep in mind that this approach will require some fine tuning as detailed site plans are received and we have more specific infrastructure costs. Development costs: land acquisition $425,000 street/utilities $275,000 pre-engineering $ 7,800 financing 8,000 Total $715,000 Financing plan: Cost to City of Ithaca $715,000 Reinvestment of Carpenter Park proceeds $425,000 Amount to be"financed" $290,000 (or $290,000/5 = $58,000/acre) We would "finance"the land for the developer(s)over a period of 20 years at an interest rate of 8.5%. Thus we would offer land in this area on a lease/purchase basis at a cost to a project developer of +/- $6,340/acre/year.At the end of the 20 year period the leasee would have the option of taking title to the property for$1.00. This approach mirrors the way in which Cherry Street I has been developed. Under this scenario, and assuming full build-out of this site, the City would recapture the development funds invested in the project. In addition the City would also be the recipient of real property taxes and would enjoy the public benefit of job creation and retention. An Equal Opportunity Employer with a commitment to workforce diversification." ��� CITY OF ITHACA 1 James L. Gibbs Drive Ithaca, New York 14850 Z. YOUTH BUREAU Po��O Telephone: 607/273-8364 Fax: 607/273/2817 F a a TO: Dominick Cafferillo, Contr r FROM: Sam Cohen, Director RE: B &A Agenda for February 23rd DATE: February 7, 2000 Please place the following item on the B&A agenda for February 23`d: Youth Development Budget Amendment(see attached). "An Equal Opportunity Employer with a commitment to workforce diversification." �� CITY OF ITHACA C~� •�:�re 1 James L. Gibbs Drive Ithaca, New York 14850 YOUTH BUREAU Telephone: 607/273-8364 Fax: 607/273/2817 To: Budget and Administration Committee From: Alien Green Youth Development Coordinator Re: Youth Development Budget Amendment Date: February 4,2000 We have been advised by the Ithaca Housing Authority that we will be receiving a $9500.00 grant that will enable our One-to-one Big Brothers Big Sisters Program to provide expanded mentoring services to residents of the Ithaca Housing Authority's housing facilities. We would like to amend the 2000 Youth Development budget as follows: Increase anticipated revenue: Ithaca Housing Authority Account# A 2070-1206 One-to-One $9500.00 Increase expenses: One-to-One Account# A 7310-120-1206 Part Time Seasonal $5040.00 Account# A 731OA60-1206 Program Supplies $800.00 Account# A 7310435-1206 Contractual $3000.00 Account# A 7310440-1206 Staff Development $155.00 Thank you. An Equal Opportunity Employer with a commitment to workforce diversification." is Y .................................. { hCity of Ithaca Office of the Chamberlain If ¢ $z 108 E. Green Street Ithaca, NY 14850 Ph: 607- 274-6580 Fax: 607 272-7348 Fax To: Dom From: Debra Parsons Fa)c 272-7348 Pages: 2 Phone: Date: 02/23/00 Re: Report to B&A CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑Please Reply ❑ Please Recycle •Comments: Dom, Could you take this to B&A tonight? I am on the agenda for a report, but still am not feeling well. If I could stay home tonight, I would like to. I get my e-mail at home,so let me know through Groupwise. Thanks. 02/23/00 WED 09:03 [TX/RX NO 92851 IM002 To: 2727348 Company: Fax number: 2727348 Business phone: From: Debra Parsons Fax number: +1 (607) 272-7348 Business phone: Home phone: Date&Time: 2/23/00 8:58:11 AM Pages: 3 Re: 02/23/00 WED 09:03 [TX/RX NO 92851 IM001 February 23, 2000 To: Budget and Administration Committee From: Debra A. Parsons, City Chamberlain Re: Parking Fines Date: February 23, 2000 Common Council approved an increase in parking fines to go into effect on March 1. While the handheld issued tickets can be changed at any time, we had to order new handwritten tickets. The order and proof were processed. Delivery is expected within two to three weeks. We will need to delay the changes to the fines until the new tickets arrive. Certainly we should have the new tickets by April 1. We could make the change sooner if the tickets arrive. 02/23/00 WED 09:03 [T%/R% NO 92851 1j003 lei �— �,� °"" CITY OF ITHACA Vs J �;rt 108 East Green Street Ithaca, New York 14850-5690 DEPARTMENT OF PLANNING AND DEVELOPMENT Po� O H. MATTHYS VAN CORT, DIRECTOR OF PLANNING AND DEVELOPMENT DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT Telephone: Planning& Development-607/274-6550 Community Development/LURA-607%274-6559 Fax: 607/274-6558 February 16, 2000 TO: B &A Committee FROM: Doug McDonald . Director of Economic Development SUBJECT: Cherry Street 11 Development Project As you may be aware the City of Ithaca recently acquired a parcel of land to the south of existing Cherry Street. It is intended that his 8.2 acre parcel will be used to develop additional business projects similar to the type of business already located on Cherry Street I. We estimate that approximately 5 of the 8 acres are available for development. To date we have just completed a pre-engineering study of the land and we are in the preliminary stages of negotiating a possible development project on a portion of the new parcel. Our thinking is that the City would develop the infrastructure for this site and then offer lease/purchase opportunities for developers. Following are the financial details of how we propose to develop the parcel. Please keep in mind that this approach will require some fine tuning as detailed site plans are received and we have more specific infrastructure costs. Development costs: land acquisition $425,000 street/utilities $275,000 pre-engineering $ 7,800 financing 8,000 Total $715,000 Financing plan: Cost to City of Ithaca $715,000 Reinvestment of Carpenter Park proceeds $425,000 Amount to be"financed" $290,000 (or $290,000/5 = $58,000/acre) We would "finance"the land for the developer(s)over a period of 20 years at an interest rate of 8.5%. Thus we would offer land in this area on a lease/purchase basis at a cost to a project developer of +/- $6,340/acre/year. At the end of the 20 year period the leasee would have the option of taking title to the property for$1.00. This approach mirrors the way in which Cherry Street 1 has been developed. Under this scenario, and assuming full build-out of this site, the City would recapture the development funds invested in the project. In addition the City would also be the recipient of real property taxes and would enjoy the public benefit of job creation and retention. "An Equal Opportunity Employer with a commitment to workforce diversification." t� i CITY OF ITHACA Gifre 1 James L. Gibbs Drive Ithaca, New York 11850 1 1 YOUTH BUREAU PogpO Telephone: 607/273-8364 Fax: 607/273/2817 t 1 TO: Dominick Cafferillo, Co ntr r FROM: Sam Cohen, Director RE: B &A Agenda for February 23'd DATE: February 7, 2000 Please place the following item on the B&A agenda for February 23`d: Youth Development Budget Amendment(see attached). "An Equal Opportunity Employer with a commitment to workforce diversification." Z�� CITY OF ITHACA 1 James L. Gibbs Drive Ithaca, New York 14850 YOUTH BUREAU �PoRAT�O Telephone: 607/273-8364 Pax: 607/273/2817 To: Budget and Administration Committee From: Allen Green Youth Development Coordinator Re: Youth Development Budget Amendment Date: February 4,2000 We have been advised by the Ithaca Housing Authority that we will be receiving a $9500.00 grant that will enable our One-to-One Big Brothers Big Sisters Program to provide expanded mentoring services to residents of the Ithaca Housing Authority's housing facilities. We would like to amend the 2000 Youth Development budget as follows: Increase anticipated revenue: Ithaca Housing Authority Account# A 2070-1206 One-to-One $9500.00 Increase expenses: One-to-One Account# A 7310-120-1206 Part Time Seasonal $5040.00 Account# A 7310-460-1206 Program Supplies $800.00 Account# A 7310-435-1206 Contractual $3000.00 Account# A 73101140-1206 Staff Development $155.00 Thank you. An Equal Opportunity Employer with a commitment to worklbrce diversification." BUDGET CITY HALL CODE COMPLIANCE CP 381 Original Original Pre-Bid Post Bid Post Bid Post Bid Post Bid Post Bid Codecomp Budget Budget#2 Budget Budget Budget Budget Budget (incl HVAC) PROFESSIONAL SERVICES Architect- Design $45,000.00 $44,676.50 $54,464.00 $63,953.34 $65,857.33 $66,551.87 $63,027.58 $54,366.40 Architect-Cont Admin $0.00 $0.00 $0.00 $14,500.00 $14,500.00 $14,500.00 $14,500.00 $14,500.00 Testing $0.00 $0.00 $0.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 Contingency $0 $0 $0 $45,000.00 $44,676.50 $54,464.00 $81,453.34 $83,357.33 $84,051.87 $80,527.58 $71,866.40 CONSTRUCTION CONTRACTS General Construction $106,000.00 $106,000.00 $208,474.00 $208,474.00 $208,474.00 $208,474.00 $208,474.00 steps $8,400.00 $8,400.00 incl. incl. incl. incl. incl. Alt 1 (canopy) $14,730.00 $14,730.00 $14,730.00 Alt 2 (planter) $17,309.00 $17,309.00- Alt 3 (fire door) $6,314.00 $6,314.00 Furniture $21,400.00 $21,400.00 $40,000.00 $40,000.00 $40,000.00 $40,000.00 $20,000.00 Electrical $270,350.00 $270,350.00 $169,600.00 $169,600.00 $169,600.00 $169,600.00 $169,600.00 Elevator incl. incl. $11,000.00 $11,000.00 $11,000.00 $11,000.00 $11,000.00 HVAC $114,490.00 $131,590.00 $131,590.00 $131,590.00 $131,590.00 $131,590.00 Miscellaneous Plumbing $3,000.00 $6,000.00 $6,000.00 $6,000.00< $6,000.00 $3,000.00 $406,150.00 $523,640.00 $581,394.00 $598,703.00 $605,017.00 $572,978.00 $543,664.00 Contingency $40,615.00 $21,000.00 $58,139.40 $59,870.30 $60,501.70 $57,297.80 $434,000.00 $446,765.00 $544,640.00 $639,533.40 $658,573.30 $665,518.70 $630,275.80 $543,664.00 IN-HOUSE Asbestos $0.00 $0.00 $0.00 $17,000.00 $17,000.00 $17,000.00 $17,000.00 $17,000.00 Owner's rep. $4,100 $4,100 $4,100 $4,100.00 $4,100.00 $4,100.00 $4,100.00 $4,100.00 Finance $10,000 $10,000 $10,000 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 Attorney $2,400 $2,400 $2,400 $2,400.00 $2,400.00 $2,400.00 $2,400.00 $2,400.00 Miscellaneous reimbursibles $4,500 $4,500 $4,500 $3,500.00 $3,500.00 $3,500.00 $3,5b0.00 $3,500.00 Printing $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $21,000.00 $21,000.00 $21,000.00 $39,000.00 $39,000.00 $39,000.00 $39,000.00 $39,000.00 TOTAL $500,000.00 $51.2,441.50 $620,104.00 $759,986.74 $780,930.63 $788,570.57 $749,803.38 $654,530.40 i foot an BUDGET CITY HALL CODE COMPLIANCE CP??? %Authorization Pre-Bid Expenses Alt#3 Budget 1st fl hvac PROFESSIONAL SERVICES Architect 9.00% $45,000.00 $0.00 0.1 $54,589.00 DESIGN Reimbursibles $0.00 $0.00 CON ADM Testing $0.00 $0.00 Contingency $0 $45,000 $0 $54,589.00 CONSTRUCTION CONTRACTS Electrical system 38.00% $190,000.00 $0 $198,600.00 Smoke and Fire 15.00% $75,000.00 $0 $45,000.00 ADA 5.00% $25,000.00 $430 $26,750.00 Plumbing 0.60% $3,000.00 $2,965 $0.00 1st Floor HVAC $115,000.00 X52,000 1st Floor Architectural 15.20% $76,000.00 $37 $123,740.00\ Furniture $21,400.00 13 r!voa Ramp $8,400.00/ Contingency 13.00% $65,000 $0 1.30% $7,000.00 $434,000 $3,432 $545,890.00 IN-HOUSE Inspection $0 $0.00 Owner's rep. 0.82% $4,100 $0 $4,100.00 Finance 2.00% $10,000 $0 $10,000.00 Attorney 0.48% $2,400 $0 $2,400.00 Miscellaneous reimbursibles 0.90% $4,500 $2,084 $3,500.00 &,., $21,000 $2,084 $20,000.00 2 TOTAL 100% $500,000 $5,516 $620,479.00 BUDGET CITY HALL RENOVATION CP 381 Pre-Bid Post Bid Post Bid Budget#2 Budget Budget (incl HVAC) PROFESSIONAL SERVICES Architect- Design $54,464.00 $67,541.87 $55,706.40 10% OF TOTAL CONST COSTS Architect-Cont Admin $14,500.00 $14,500.00 LUMP SUM FOR ARCH /ENGR Testing $3,000.00 $3,000.00 ASBESTOS MONITORING Contingency $54,464.00 $85,041.87 $73,206.40 CONSTRUCTION CONTRACT General Construction $106,000.00 $208,474.00 $208,474.00 INCLUDES REPAIRS TO RAMP SNOW MELT steps $8,400 incl. incl. Alt 1 (canopy) Alt 2 (planter) $17,309.00 Alt 3 (fire door) $6,314.00 Furniture $21,400.00 $21,400.00 Filing System $10,000.00 $10,000.00 LATERAL FILING SYSTEM Electrical $270,350.00 $169,600.00 Elevator incl. $13,000.00 $13,000.00 HVAC $114,490.00 $131,590.00 $131,590.00 Miscellaneous Plumbing $3,000.00 $6,000.00 $3,000.00 PLUMBING ASSOCIATED WITH ALT 3 $523,640.00 $614,017.00 $557,064.00 Contingency $21,000.00 $61,401.70 10% CONTINGENCY Total construction cost 544640 $557,064.00 TOTAL CONSTRUCTION COSTS IN-HOUSE Asbestos $0.00 $17,000.00 $17,000.00 ASBESTOS ABATEMENT Owner's rep. $4,100.00 $4,100.00 TOM'S TIME Finance $10,000.00 $10,000.00 $10,000.00 SHORT TERM FINANCE CHARGES Attorney $2,400 $2,400.00 $2,400.00 ATTORNEY'S REVIEW Miscellaneous reimbursibles $4,500 $3,500.00 $3,500.00 TEMP HEAT Printing $2,000.00 $2,000.00 CONTRACT DOCUMENT $21,000 $39,000.00 $39,000.00 TOTAL $620,104 $799,460.57 $669,270.40 3 � �>, 77 CITY OF ITHACA--City Hall Renovations-Bid Tabulation-DPW BID TABULATION CITY OF ITHACA,NEW YORK Richardson Brothers DEPARTMENT:Public Works Cornerstone Electric Electrical Cont Inc Fischbach and Moore Inc Blanding Electric 6305 Court Street Rd 19 Quarry Road 235 Metro Park 429 Commerce Rd BID FOR: City Hall Renovations E Syracuse,NY 13057 Ithaca,NY 14850 Rochester, NY 14623 Vestal, NY 13850 CONTRACT 3:ELECTRICAL (315)432-1058 273-3600 (716)330-4806 729-3545 OPENING:Thursda ,Fe ary 17,2000,2:00 PM ITEM NO. QUANTITY DESCRIPTION UNIT COST/EXT. UNIT COST/EXT. UNIT COST/EXT. UNIT COST/EXT. 1 Electrical Contract Base Bid Per Drawings Lump Sum and Specifications $239,900.00 $208,390.00 $169,600.00 $243,900.00 Alt 1 Add/Deduct Construct Canopy at East Entrance Lump Sum Per Drawings and Specifications N/A N/A N/A N/A Alt 2 Add/Deduct Construct Planter at East Entrance Lump Sum Per Drawings and Specifications N/A N/A N/A N/A Alt 3 Add/Deduct Provide Fire-Rated Door and Frame Lump Sum Per Drawings and Specifflications WA N/A N/A N/A ADDENDA Yes Yes Yes Yes BID SECURITY Yes Bond Yes Bond Yes Bond Yes Bond TOTAL BID CONTRACT 3 For Electrical PER DRAWINGS AND SPECIFICATIONS With Alternates IM—9A.00 69 00.00 900 CITY OF ITHACA PAGE 1 CITY OF ITHACA--City Hall Renovations-Bid Tabulation-DPW 31D TABULATION ;ITY OF ITHACA,NEW YORKCollins&Walton Airtech Heating&A/C J&K Plumbing& )EPARTM ENT:Public Works Plumbi•g&Heating Cont Inc Kimble Inc Systems, Inc. Heating Co Inc James L Lewis 1525 Lake St 1004 Sullivan Street 106 Metropolitan Park Dr 24 Thorp St 194 Richards Road 31D FOR: City Hall Renovations PO Box 205 Elmira, NY 14901 Liverpool, NY 13088 BirChamton, NY 13905-0025 Chensrgo Forks,NY 13746 :ONTRACT 2: HVAC Elmira, NY 14902 734-4123 (315)457-6185 772-1666 648-8526 3PENING:Thursda ,Fe ary 17,2000,2:00 PM 734-2988 TEM NO. QUANTITY DESCRIPTION UNIT COST/EXT. UNIT COST/EXT. UNIT COST/EXT. UNIT COST/EXT. UNIT COST/EXT. Mechanical Contract Base Bid Per Drawings Lump Sum and Specifications $131,590.00 $149,800.00 No Bid No Bid No Bid 1 Add/Deduct Construct Canopy at East Entrance Lump Sum Per Drawings and Specifications N/A N/A W2 Add/Deduct Construct Planter at East Entrance Lump Sum Per Drawings and Specifications N/A N/A alt 3 Add/Deduct Provide Fire-Rated Door and Frame Lump Sum Per Drawings and Specifications N/A N/A ADDENDA Yes Yes BID SECURITY Yes Bond Yes Bond TOTAL BID CONTRACT 2 For HVAC PER DRAWINGS AND SPECIFICATIONS With Alternates AM-09M4 0 0 l CITY OF ITFIACA PAGE 1 CITY OF ITHACA--City Hall Renovations-Bid Tabulation-DPW BID TABULATION ____ __------- ----- ----- ------- -- — ---- — -- --r-- CITY OF ITHACA,NEW YORK S&W General DEPARTMENT:Public Works S.A. Hovanec, Inc Contractors of Tioga Inc McPherson Builders Inc Jones-Marinich Inc Paul Yaman Construction John C Lowery Inc 401 West Seneca St 161 McMaster St 710 Willow Ave 6 Badger Ave 1875 Lorings Crossing Rd PO Drawer G BID FOR:City Hall Renovations Ithaca, NY 14850 Owego, NY 13827 Ithaca, NY 14850 Endicott,NY 13760 Cortland, NY 13045 Ithaca, NY 14851 CONTRACT 1:GENERAL CONSTRUCTION 277-6303 (607)687-5810 273-2373 785-2692 756-7042 272-9407 OPENING:Thursda ,Fe uary 17,2000,2:00 PM ITEM NO. QUANTITY DESCRIPTION UNIT COST/EXT. UNIT COST/EXT. UNIT COST/EXT. UNIT COST/EXT. UNIT COST/EXT. UNIT COST/EXT. 1 General Construction Contract Base Bid Per Drawings Lump Sum and SpecMeations $223,411.00 $208,474.00 $221,410.00 No Bid $312,150.00 No Bid Aft 1 Add/Deduct Construct Canopy at East Entrance ,Lump Sum Per Drawings and Specifications $14,505.00 $14,730.00 $18,330.00 $12,250.00 Aft 2 Add/Deduct Construct Planter at East Entrance Lump Sum Per Drawings and Specifications $23,887.00 $17,309.00 $23,600.00 $35,500.00 Aft 3 Add/Deduct Provide Fire-Rated Door and Frame ,Lump Sum Per Drawings and Specifications $5,300.00 $6,314.00 $4,059.00 $8,900.00 ADDENDA Yes Yes Yes Yes BID SECURITY Yes Bond Yes Bond Yes Bond Yes Bond TOTAL BID CONTRACT 1 GENERAL CONSTRUCTION PER DRAWINGS AND SPECIFICATIONS With Alternates 6 3 00 CITY OF ITHACA PAGE 1 Resolved,that $6,790 placed in restricted contingency in the 2000 Budget,for the purpose of increasing starting salaries of permanent employees earning less than$7.90 per hour($16,500/2088 hours),be transferred to the appropriate budget lines for implementation,subject to review by the Director of Human Resources, City Attorney,and City Controller,and be it further, Resolved,that said increases,be made retroactive to January 1, 2000. Request to Amend Youth Bureau Personnel Roster WHEREAS, the Youth Bureau has a full-time Recreation Specialist position that is split between Recreation Mainstreaming Services (RMS) -and General Recreation, and WHEREAS, the Youth Bureau has recently reevaluated its staffing needs and determined that two half-time positions would better meet the needs of each program, THEREFORE BE IT RESOLVED, that Common Council hereby amends the 2000 Youth Bureau Authorized Personnel Roster as follows: Delete: One (1) Full-time (35 hrs) Recreation Specialist Add: One (1) Half-time (17 1/2 hrs) Recreation Specialist/RMS Add: One (1) Half-time (17 &� hrs) Recreation Specialist/General Recreation AND BE IT FURTHER RESOLVED, that the salary savings of $2,759 be utilized for fringe benefits for the new half-time position, and therefore be it RESOLVED, that the amount of $271 .00 be transferred from A7310-5110-01501 and the amount of $2,488.00 be transferred from A7310-5110-01600 to cover fringe benefits. Request Authorization to Amend Personnel Roster WHEREAS, the Greater Ithaca Activities Center' s personnel roster includes an Account Clerk-Typist position and WHEREAS, the Greater Ithaca Activities Center has recently reevaluated it' s front office staffing needs, and WHEREAS, the Greater Ithaca Activities Center has determined that the responsibilities of a Senior Typist better meet the needs of it' s department, NOW THEREFORE, BE IT RESOLVED, that Common Council hereby amends the 2000 Greater Ithaca Activities Center' s Authorized Personnel Roster as follows: Delete: One {1) Account Clerk-Typist Add: One (1) Senior Typist AND BE IT FURHER RESOLVED, that $309.00, the difference between the minimum salary fpr a Senior Typist of $14 ,869 and the 2000 budgeted amount of $14 ,560, be transferred from account A7311-5120 to A7311-5110-01100. Ithaca Commons Improvements Initial Recommendations February 2000 l.) Four Pavilion Renovations Total $ 10,000 A. New finish to wood ceilings $ 2,400 B. Permanent installation of holiday lights $ 2,000 C. Lighting up-grades $ 1,900 D. Repair of one concrete column in the East pavilion should be included in this is work. $ 3,500 The pavilion renovations are, on the surface, relatively straightforward and simple but any changes to the pavilions should be given careful design consideration. These pavilions are important features on the Commons, before any work begins, sketches of paint colors, and lighting options should happen to assure the results have a positive visual impact on the Commons. 2.) Maintenance Projects on the Primary and Secondary Commons Total $ 40,000 A. Repair and paint benches:Time&Materials $ 7,700 B. Replace 10 Bike Racks:Time and Materials $ 2,400 C. Replacement of missing of broken tree grates To be decided C. Repair all drinking fountains&spickets $20,000 D. Other maintenance needs as funding allows $ 9,900 remaining All the benches on the Commons have been repainted as of the Fall of 1999, some benches may still need repair. An accurate account of the condition of all the benches should be made now and a schedule created to bring them up to optimum condition in the spring. Bike Rack materials have been ordered according to DPW. An accurate account of the conditions of all bike racks should be made now and a schedule created to bring the-up to optimum condition in the spring. The Engineering Dept. put together a proposal in 1995 for rehabilitation of all drinking fountains. This proposal needs to be located, and new fixtures ordered to begin this work. 3.) Annual Outdoor Sculpture Exhibition Total $ 20,000 The Ithaca Downtown Partnership is planning a major exhibition of sculpture on the Primary and Secondary Commons for the Summer of 2000. Money would be used for purchase and installation of 10-15 pedestal bases and to provide liability and damage insurance for the exhibition. 4.) Home Dairy Alley Improvements Total $ 10,000 Lighting improvements for the Home Dairy Alley, design and installation. Grand Total $ 80,000 DRAFT 2/28/2000 ORDINANCE NO. -2000 AN ORDINANCE AMENDING ARTICLE VIII ENTITLED "SEXUAL HARASSMENT" OF CHAPTER 90 OF THE CITY OF ITHACA MUNICIPAL CODE. WHEREAS, Common Council of the City of Ithaca wishes to update the city's sexual harassment policy in view of the development of case law on this subject in recent years, NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca,New York, as follows: § 90-54. Statement of policy. A. It is the policy of the City of Ithaca in its capacity as an employer, to provide and maintain a work environment which is free from unlawful discrimination. Sexual harassment is a form of unlawful discrimination and is prohibited in each and every city work environment and each and every situation which directly impacts a city work environment. B. The City of Ithaca considers sexual harassment to be a form of employee misconduct and considers this type of misconduct to be a serious offense. Allegations of sexual harassment will be investigated thoroughly and, if substantiated, will be met with appropriate corrective and/or disciplinary action commensurate with the seriousness of the offense(s), up to and including discharge. SECTION 1. Chapter 90, Section 90-55, entitled "Federal definition adopted" is amended to include a new subsection C as follows: § 90-55. Federal definition adopted. A. According to Federal Equal Employment opportunity Commission (EEOC) guidelines, "sexual harassment" is defined as follows: "Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when: K:\ORDINANC\SexualHarassmentDRAFT3.ord.doc Proposed new language=underlined Language proposed deleted=[bracketed] 1. Submission to such conduct is made explicitly or implicitly a term or condition of an individual's employment; 2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or 3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment." B. The City of Ithaca hereby adopts the above definition of sexual harassment. The definition applies to the conduct of a supervisor towards a subordinate; the conduct of one employee towards another employee; the conduct of an employee towards a job applicant; and the conduct of a nonemployee towards a city employee. C. Examples of Sexual Harassment . Examples of sexual harassment include, but are not limited to: abusive verbal language related to an employee's sex, sexual innuendoes, jokes, and other sexually suggestive comments or references to sex or gender-specific traits; abusive written notes, email, graffiti,telephone calls or facsimiles that are sexual in nature; sexual propositions, insults, or threats; persistent unwanted sexual/romantic attention; leering, whistling, or other sexually suggestive or insulting sounds or gestures; displaying pictures, calendars, cartoons, or other material with sexual content; coerced or unwelcome touching, patting, brushing up against, pinching, kissing, stroking, massaging, squeezing or tickling; subtle or overt pressure for sexual favors; coerced sexual intercourse (e.g., as a condition of employment). SECTION 2. The text of Section 90-56 entitled "Reporting and investigation of complaints"is deleted in its entirety and replaced with a new section 90-56 as follows: § 90-56. Reporting and investigation of complaints. [A. If a city employee is subject to a situation which he/she believes constitutes sexual harassment in violation of this policy, the city recommends that the employee confront the harasser directly and advise the harasser that his/her behavior is not welcomed and will not be tolerated. Employees should keep a written record of any alleged sexual harassment incident, including the date, time, location, names of the people involved, witnesses (if any) and who said or did what to whom. B. If an alleged incident of sexual harassment cannot be resolved directly between the parties involved, a formal complaint should be filed by the affected employee with either his/her department head or the Director of Human Resources. Employees may also file sexual harassment complaints with either the Tompkins County Human Rights Commission or the United States Equal Employment Opportunity Commission or pursue any other remedies as permitted by law. K:\ORDrNANC\SexualHarassmentDRAFT3.ord.doc Proposed new language=underlined Language proposed deleted=[bracketed] C. Sexual harassment complaints will be investigated as promptly as possible and resolved within 30 days of the receipt of the complaint. Department heads who receive sexual harassment complaints should contact the Director of Human Resources immediately to coordinate an investigation of the complaint. All information gathered during an investigation of a sexual harassment complaint will be handled in a confidential manner. Retaliation against any individual making such a complaint is forbidden. (This does not, however, preclude an individual from exercising his/her legal rights in any way.)] A. Questions about the policy. If any city employee or officer is subject to, or witnesses, a situation which he or she believes constitutes sexual harassment or has any questions about the city sexual harassment policy or on how to proceed, the employee should contact the Human Resources Department. B. Confidentiality. The City of Ithaca has a commitment to respect the privacy and anonymity of both victims and accused harassers, within legal constraints. Confidentiality will be maintained throughout the investigatory process to the extent practical and appropriate under the circumstances. All individuals who are involved in the complaint and/or investigation process are obliged to maintain the confidentiality of the proceedings. The maintenance of confidentiality does not mean that the accused will not be made aware of the complaint and its specifics. C. Reporting complaints. Any city officer or employee is required to report an incident of suspected harassment or employment discrimination to their supervisor, department head, or the Director of Human Resources as soon as possible after an alleged incident. The person reporting the harassment does not have to be the intended target of the harassment. When a supervisor or department head receives a complaint, he or she will contact the Human Resources Department immediately to determine how to investigate and address the complaint. D. Types of Complaints. (i) Informal Complaints. Some situations may be resolved in an informal manner by the department head or supervisor without the need for a formal complaint and investigation. Disciplinary action may not be taken against the alleged harasser without a formal complaint being filed, and a finding, after investigation, that there is probable cause to believe harassment occurred. (ii) Formal Complaint. A formal complaint must be in writing and must include the act(s) complained about, identify the person or persons alleged to have committed such act(s), and indicate the approximate dates, if known, when the act(s) occurred. Employees and officers can fill out the form themselves, or ask for help from their supervisor, Department Head, or the Human Resources Director. K:\ORDfNANC\SexualHarassmentDRAFT3.ord.doc Proposed new language=underlined Language proposed deleted=[bracketed] E. Investigation Procedure. Once a formal complaint has been received, the Human Resources Director will commence a prompt investigation of the allegations in the complaint. The investigation should be concluded within sixty (60) days of the filing of the formal complaint. The investigation may be expanded if more allegations are uncovered during the investigation. The investigation may include, but is not limited to: identifying the alleged harasser, separately interviewing the complainant and/or witnesses, meeting with the person accused to inform them of the complaint and informing them that retaliation is prohibited, interviewing the accused person regarding the allegations, interviewing witnesses provided by the accused person, and determining whether or not there is probable cause to believe that the allegations are true. Prompt reporting of a complaint is strongly encouraged as it allows for rapid response to and resolution of objectionable behavior. Complaints should be filed within one year of the alleged harassment. F. Protection from Retaliation. Federal and State law and City of Ithaca policy prohibit any form of retaliation against a person who files a discrimination complaint or is a witness in a discrimination complaint procedure. SECTION 3. Section 90-57 entitled "Appeal Procedures" shall be amended as follows: §90-57. Post-Investigation and Appeal Procedure[s]. 1. Section 90-57(A) is deleted in its entirety and replaced with a new §90-57(A) entitled"Unfounded complaints." [A. In the event that the city investigates a sexual harassment complaint and determines that the incident(s) reported does not constitute sexual harassment as defined in this policy, the employee who filed the complaint may appeal the city's determination through the Tompkins County Human Rights Commission and/or the United States Equal Employment Opportunity Commission. Said employee may also appeal the city's determination through the grievance procedure outlined in his/her labor contract.] A. Unfounded Complaints. If, after an investigation, a complaint is determined to be unfounded, the Human Resources Director will inform the complainant(s) and the accused that the complaint is unfounded. The Human Resources Department will maintain a confidential record of the investigation. 2. Section 90-57(B) is deleted in its entirety and replaced with a new §90-57(B) entitled"Complaint Founded." [B. If, as a result of an investigation by the city, disciplinary charges are filed against an employee on the grounds that the city believes the employee is guilty of sexual K:\ORDINANC\SexualHarassmentDRAFT3.ord.doc Proposed new language=underlined Language proposed deleted=[bracketed] harassment, the accused employee may exercise his/her rights through the disciplinary procedure provided for in his/her labor contract.] B. Complaint Founded. If a complaint if founded, the Human Resources Director will meet with the person accused and their union representative, if appropriate, and explain the findings of the investigation. The accused will have an opportunity to accept the findings and any corrective and/or disciplinary action, or to oppose the findings and file a grievance through their collective bargaining unit. The Human Resources Department will maintain a confidential record of the investigation. C. In the event that either the employee alleging sexual harassment or the employee being charged with sexual harassment is not covered by a labor contract, he/she may exercise his/her appeal rights provided for by Civil Service Law. 3. There shall be new subsections added to §90-57, as follows: D. Corrective and Disciplinary Action. Corrective and disciplinary action for sexual harassment may include any or all of the following: attending individualized training; verbal warning; written reprimand; work restrictions, salary reduction or limitation; suspension; dismissal. E. Filing Complaints with Outside Agents. This internal complaint and investigation process does not substitute for or remove the rights of employees or officers to bring charges of sexual harassment with local, federal and state agencies. Those agencies have specific time limits within which complaints can be brought, and employees or officers should consult each agency as to the proper procedure or time limit. F. Support Services. Individuals involved in sexual harassment complaints are encouraged to seek assistance through the Employee Assistance Program or the Human Resources Department. SECTION 4. Section 90-58(D) shall be amended as follows: § 90-58. Responsibilities of managers and supervisors. A. All managerial and supervisory staff of the City of Ithaca shall be responsible for enforcing this policy and shall have particular responsibility for ensuring that the work environment under their supervision is free from sexual harassment and its effects. B. All managerial and supervisory staff who receive sexual harassment complaints will be responsible for immediately forwarding such complaints to either their department head or the Director of Human Resources for investigation. C. The city shall conduct training for managerial and supervisory staff in each department on the issues surrounding sexual harassment, its effects and its appearances K:\ORDINANC\SexualHarassmentDRAFT3.ord.doc Proposed new language=underlined Language proposed deleted=[bracketed] and the role and responsibility of supervisory personnel in preventing incidents of sexual harassment and resolving sexual harassment complaints. D. The city shall also distribute this policy to all city employees and conspicuously post this policy at all city work sites. Copies of this policy will also be distributed to new employees as they are hired who will be required to sign a statement that they have read and understood the policy. The city shall also conduct training for all city employees on the concept and definition of sexual harassment, the issues surrounding it and ways in which to deal with sexual harassment. SECTION 5. A new section 90-59 shall be added as follows: §90-59. Severability. Severability is intended throughout and within the provisions of the ordinance. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. SECTION 6. Effective Date. This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. K:\ORDINANC\SexualHarassmentDRAFT3.ord.doc Proposed new language=underlined Language proposed deleted=[bracketed] ! I -Z of ITIq�9 CITY OF ITHACA / `��• ':;�� 108 East Green Street Ithaca, New fork 14850-5690 DEPARTMENT OF PUBLIC WORKS y ,•�� William J.Gray, CE..Superintendent/City Engineer Com` ...RA7ETelephone: 607/27.1-6527 Fax: 607/274-6587 - MEMORANDUM TO: Patricia Vaughan, Chair, B&A FROM: William J. Gray,P.E,, Superintendent of Public Works RE: City Sidewalk Program DATE: February 18, 2000 This memo is a follow up to our meeting of February 16, 2000 and my purpose is to outline the city's current sidewalk program, its background and budget, and several discussion points for your consideration. It is my understanding that you want to review the existing program with your committee and then discuss possible changes,up to the city,taking over the entire capital cost related to sidewalks. The Mayor indicated during our meeting that he was considering taking over capital costs for"residential property." It is my understanding that you are not discussing changing the responsibilities or costs associated with maintenance of walks, so I have tried not to cover this. Background: Cities and other municipalities have a wide range of approaches for handling sidewalks. They range from taking full responsibility to giving the property owner full responsibility. Base z on my experience in communities,this is not a republican/democratic thing but develops in a community based on whether the community viewed sidewalks as a utility or as a property owner's community obligation(like a mowed lawn or properly maintained house). It my have developed because individual property owners undertook improvements to their property to eliminate muddy paths in front of their homes or businesses and expected others to do the same, while other communities got tired of the mud all at once. Our city was far more pedestrian 100 years ago. City Code and Legislation: The City of Ithaca's approach to sidewalks is laid out in the City Charter and then refined and regulated in legislation of both the City Council and the Board of Public Works. It is the duty of the abutting property owner to construct,repair and maintain sidewalks. They are responsible for injury or damage due to negligence or failure to maintain. See C-73, Section 32- 23 B(2)Exterior Property Maintenance, Section 342-18, Section 285-5, etc. (Copies attached.) "An Equal Opportunity Employer with a commitment to workforce diversification." } Page 2 Re: City Sidewalk Program Date: February 18, 2000 People may request sidewalks at a location. If the Board of Public Works agrees, it must hold a hearing, which includes the abutting property owners,to consider the request. The board may originate the request itself and may direct the work be done based on public need or on petition of property owners after holding a hearing. The board handles notifications of defective sidewalks in a similar manner, with a public hearing. The costs for sidewalks(to install, repair or for upkeep)is assessed against the property and billed to the owner. Provisions are made for any protests of property owner to be heard by the board and the board can make adjustments. City sidewalk budget: (no allowance for insurance or law suit settlements) Budgeted Expenses(average year) Annual Work(currently borrowed) $75,000/yr Existing Borrowings(through 1999) 74,200/yr Operating Budget 800/vr $150,000/yr Unbudgeted Expenses(Estimated Engineering, not Building Dept.) �tK 1 x 12 wks x 40hrs x$35/hr=$16,000 V` 2 x 8 wks x 40 hrs x$25/hr= 16,000 2 x 1 wk x 40 hrs x$50/hr= 4,000 $36,800 $36,806 $186,800/yr Annual Income(Varies) Estimated less($35.000) $151,800/yr City Sidewalk Program: The city's program looks expensive. It appears to cost approximately$35,000 in engineering efforts to undertake$75,000 of sidewalk improvements. The program is fairly time intensive because a lot of cooperation and contact with property owners. The engineering effort goes in,to all of the sidewalk work done(public and private) during a year. The city's capital project undertakes only the work that is left undone by private owners and the work we need to do ourselves, including walks adjacent to parks, city buildings or tree damaged walks, which we take responsibility for. We estimate that a similar amount of private work gets done($75,000) each year because of inspection notices, or because we are too close. A smaller amount ($25,000?) gets done each year as projects are built or properties redeveloped (407 College Ave, 312 College Ave., Video Ithaca, Rite Aide, Ithaca Town Hall, Cliff Street,Route 96 Octopus.) i Page 3 Re: City Sidewalk Program Date: February 18, 2000 Long Term City Wide Cost of Sidewalks: We currently estimate that we have 88 miles of sidewalk, which border our 72 miles of city streets. If both sides of all streets had walks, we would have 2x72=144 miles of sidewalk. If you make allowances for walks inside parks or an allowance for the Ithaca Commons, these numbers could increase slightly. The smallest sidewalk currently allowed is 5 feet wide and 4 inches thick. That sidewalk is estimated to cost approximately $6.00 per square foot installed. If they are reasonably well built and maintained, they can last between 40 to 60 years. ` Cost of Existing Sidewalks 88 miles x 5280 ft x 5ft x$6/sq ft x 1/50yrs= $279,000/yr If the city had all 144 miles of sidewalks,the number grows to$456,000/year. These figures don't include any Building Department or Engineering Department time, insurance or lawsuit. If the current work done each year is$75,000 public+$75,000 private+$25,000 developer=$175,000/yr, where is the other$100,000/yr to equal the$275,000 liability? It is possible that: we have less than 88 miles of sidewalk currently; developers do more than $25,000/yr; private owners do more than$75,000/yr; sidewalks last longer than 50 years; we are building up a backlog of sidewalk work which will eventually become apparent;or a combination of the above. Discussion Items: This listing assumes that the discussion is centered on the city taking over the cost of sidewalks, i.e. their capital construction cost but not their maintenance. 1) Who gets favored status? All property owners? Only residential property? Eddygate Apartments or only owner occupied one and two family homes? 2) Does new development pay for new sidewalks and the city only repairs and replaces existing sidewalk? What about redevelopment projects? 3) Liability status issues should be reviewed with our attorney, insurance carrier and risk manager. Our current status is very good according to our insurance carrier and their attorney because we have a well-established and reasonable program. 4) Liability and responsibility issues can get messy if the ownership(capital cost) and maintenance/upkeep are with different parties. The attitude of the maintaining party will change if they are not responsible for the ownership cost. The life expectancy of the item will logically decrease. 5) Are sidewalks within driveways part of the driveway or are they sidewalks? Page 4 Re: City Sidewalk Program Date: February 18, 2000 6) Are retaining walls supporting the sidewalks, part of the sidewalk? 7) A fair number of locations that do not have sidewalks are difficult to build on. Will the demand grow for sidewalks if they are a public cost? A similar question applies to low volume residential areas, which don't currently have sidewalks? 8) Who will be the last property owner billed for new sidewalks? WJG/dlp cc: Tom West, Civil Engineer Rick Ferrel, Asst. Supt. for Streets and Facilities Larry Fabbroni, Asst. Supt. for Water and Sewer Patricia Dunn, Asst. City Attorney Dominick Cafferillo, City Controller t § C-69 CHARTER § C_72 ( injury to the trees,shrubs and adornments thereof;to adopt rules and regulations governing the purposes for which the parks or any of them may be used and enjoyed;to determine the place for planting and the relative location of shade or ornamental trees in the parks; to determine the methods and manner of adornment of the parks; and in all things to have complete control and authority thereover. ~w'w' C. Park defined.The word"parks"is hereby defined to include all public grounds and places, except cemeteries, which shall have heretofore-been under the control and supervision of the City of Ithaca and all public grounds and places hereafter acquired by the City of Ithaca under the provisions of this Charter. § C-70. Public cemeteries. The Board of Public Works shall take charge and have control of all public cemeteries within the city limits, with power to preserve,adorn and protect the same; to establish such rules and regulations governing the care, maintenance, adornment and uses thereof as may be deemed necessary; to prohibit injury to or mutilation of any of the adornments of monuments therein; . and to prescribe penalties for the violation thereof. § C-71. Streets,highways,bridges and sidewalks.52 The Board of Public Works shall have the power to lay out, alter, discontinue, regulate, straighten, widen, pave, curb, clean and sprinkle the streets, highways, alleys, bridges and Ccrosswalks; to prevent the encumbering and obstruction of the same in any manner, to protect them from encroachment or injury;to construct sidewalks or cause the same to be constructed; to alter,repair,regulate,straighten,raise and lower the same,to cause the same to be kept fied ' and clean from ice, dirt and snow; and to prevent the encumbering, encroachment upon or obstruction of the same, as hereinafter provided. Before laying out any highway requiring condemnation proceedings and before altering or discontinuing any highway, a public hearing shall be had after notice thereof has been given by publication at least once in at least two newspapers of the City of Ithaca and by mailing the same to all the owners of lands through which said new highway is to-run or adjacent to the portion of any highway that is to be altered or discontinued. MOO § C-72. Street excavations. The Board of Public Works shall have the power to permit excavating in any public street or place in said city upon satisfactory surety being given to the Board that the excavation so made will be properly guarded and promptly filled and that any curbing or pavement removed shall be relaid with all convenient speed; that the city shall be held harmless from all claims, demands,suits,costs and damages that may result by reason of the excavation;that the street or public place so disturbed shall be restored to as good condition as existed before making the excavation and shall be so maintained for a period of one year without expense to the Board; and that the excavation will be made at such time and in such manner and under such 52 Editor's Note:See also Chs.285 and 342,Streets and Sidewalks. C63 § C-72 _ ITHACA CODE § C-73 superintendence as the Board may prescribe in the order granting permission, in addition to the above requirements.Any expense incurred by the Board in such superintendence,restoration or repairment shall be a lien until paid upon the premises or lot for the benefit of which the work was done, to be enforced the same as unpaid claims for the construction of sidewalks as hereinafter provided, and the Board shall have a lawful demand against the applicant to whom such permission may have been given and may sue for and collect the same in the name of the city, which, when collected, shall be paid to the City Chamberlain and by him/her credited to the funds against which the expense is properly charged.During the progress of excavating, at least th of the street,public place or land shall be kept open and free for the passage of persons and vehicles. No person or corporation shall make any excavation in any street, lane or public ground or under sidewalks without first obtaining such permit in writing. § C-73. Sidewalks. A. Construction and repair. (1) Authority. The Board of Public Works shall have jurisdiction over the construction, repair and maintenance of all sidewalks,approaches and street driveways abutting any of the streets, highways, alleys and public places in the city and shall have power to make rules and regulations with respect thereto,relating to materials,grade, location, manner and method of construction, dimensions and all other matters in connection therewith not inconsistent with the provisions of this section. (2) Duty of owner. The owner of lands abutting any such street, highway, alley or other public place in the city shall construct,repair and maintain the sidewalks,approaches or street driveways adjoining his lands and shallkeep.the same in a safe state of repair and free from defects and free and clear of and from snow, ice and all other obstructions. Such owner shall be liable for any injury or damage by reason of omission,failure or negligence to make,maintain or repair such sidewalk and keep it free from defects or to remove snow, ice or other obstructions therefrom or for a violation or nonobservance of any ordinance or regulation relating to making, maintaining and repairing sidewalks and keeping them firee from defects and the removal of snow, ice and other obstructions from sidewalks, approaches and street driveways.[Amended 9-7-1988 by L.L.No.1-1988] h (3) Conformity with rules required,. expense. The construction and repair of such sidewalks,approaches and street driveways shall be only upon application,in writing, to the Superintendent of Public Works,without expense to the city and in conformity with the rules and regulations of the Board. (4) Order to owner.The Board of Public Works,after a public hearing upon not less than five days' notice, given personally or by mail or by publication in the official newspaper, may require the owner of any land adjoining a sidewalk, approach or street driveway to construct or repair such sidewalk, approach or street driveway in conformity with its rules and regulations relating thereto and shall fix a reasonable time within which such construction or repair shall be completed.Upon the failure of the owner to complete such construction or repair within the time limit, the Board of Public Works may cause such sidewalk,approach or street driveway to be constructed C64 § C-73 CHARTER § C-73 ( or repaired, either by contract or by the Department of Public Works, at the expense of the owner,to be collected as set forth in Subsection D. B. Uniform sidewalk improvements. On petition of interested property owners for a uniform sidewalk improvement in a street or on its own motion, the Board of Public Works may direct that new sidewalks and street driveways be laid on any street or part thereof pursuant to plans and specifications thereof prepared and adopted by it. Before determining to make such improvement,the Board shall hold a public hearing upon such proposed improvement after giving notice to the adjoining owners in the manner set forth in Subsection A(4). After such public hearing, the Board may determine to make such improvement, either by contract or by the city,under the direction of the Superintendent of Public Works. C. Removal of snow,ice and other obstructions. (1) Duty of owner.The owner of lands adjoining any sidewalk shall keep the same free of ice, snow and other obstructions and the area,if any, between the sidewalk and curb in a safe condition and the grass thereon, if any, properly mowed: Nothing herein contained shall be construed to prevent such owner, by lease or otherwise, from delegating to a tenant or occupant the duties and liabilities hereby imposed, but such delegation shall not relieve the owner of his/her primary duties and liabilities hereunder. (2) Authority of Board. The Board of Public Works shall have power to make rules and regulations further defining the duties hereby imposed and the manner and time of their performance. Upon the failure of any owner to perform the duties imposed by this section or by such rules and regulations of the Board,the Board of Public Works . may cause the removal of ice,snow or other obstruction from such sidewalk and b'34y cause the area between the sidewalk and curb to be rendered in a safe condition aiid the grass thereon mowed,at the expense of the owner. D. Assessments for sidewalk improvements. (1) Determination; apportionment of cost.The determination of cost, apportionment and assessment of any sidewalk improvement under Subsection B shall be governed by the provisions relating to improvement assessments,except that the entire cost thereof shall be deemed to benefit the adjoining owners. (2) Collection of expense.Any expense incurred by the Board pursuant to the provisions of Subsections A and C shall be collected in the following manner. The Superintendent of Public Works shall report to the-Board the expense mcunred in behalf of each owner.The Board thereupon shall review the same and,if found to be correct, shall so certify to the Superintendent of Public Works, who shall forthwith mail to the owner at the address appearing upon the tax roll a notice of assessment stating,the date the expense was incurred, the nature thereof and the cost, together with a penalty of 25% thereon. The owner may protest such assessment within 30 days of the date of such notice either by personal appearance at a regular meeting of the Board or by a written protest filed with the Superintendent of Public Works. The Board shall thereupon review such assessment and make such adjustment thereon as it may determine just and equitable,whereupon such assessment shall become final.The Board shall, upon finalizing such assessments, request Common Council to direct the C65 § C-73 ITHACA CODE § C-76 City Chamberlain to collect such assessments under such terms and conditions as Council may determine. [Amended 4-5-1989 by L.L. No.3-1989; 8-5-1992 by L.L. No.3-1992; 10-7-1992 by L.L.No.8-19921 (3) Not later than the first day of December in each year,the Chamberlain shall certify to the Common Council the amount of each assessment or annual installment payment as authorized in the original assessment warrant,including accrued interest,remaining unpaid at the end of October, and the Common Council shall thereupon direct the inclusion thereof in the City Tax for the next year,to be collected in the same manner and subject to the same penalties and procedures as the city tax. [Amended 10-7-1992 by L.L.No.8-19921 § C-74. Public buildings. ` The Board of Public Works shall have supervision over all public buildings now opened by the city or hereafter acquired by it and shall provide for their heating and lighting;superintend the making of repairs and all alterations thereto; supervise the construction of all such buildings that may be required for city purposes; and procure necessary equipment, with a general supervision and control over all matters pertaining to such buildings and equipment.The above powers of superintendence shall not be deemed to apply to that portion of said public buildings and equipment exclusively in the Fire Department service. § C-75. Collection and disposal of garbage. The Board of Public Works is empowered to take charge and have control of the collection and disposal of garbage in the Ci tyof Ithaca and to adopt rules and regulations governing the '~ collection thereof. § C-76. Removal of rubbish, weeds and vegetation. [Amended 74-1975 by LL.-No. 4-1975] A. The Board of Public Works shall have power, by rules and regulations, to require the owners of private property within the City of Ithaca to cut, trim or remove brush, grass, rubbish or weeds and,upon default,may cause such grass,brush,rubbish,weeds or other materials to be cut,trimmed or removed,and the expense thereof shall be a charge against the owner of said land, provided that at least five days' prior notice, to be given in such manner as the Board may determine, shall have.been .given to such owner requiring compliance with such rules and regulations. Such rules and regulations may designate an officer or employee of the Board for the purpose of carrying into effect the provisions thereof. B. Any expense incurred by the Board pursuant to the provisions of this section or Chapter 331, Garbage, Rubbish and Refuse, shall be collected in the following manner. Such expense shall be a lien upon the property to or for which such services were furnished or rendered and shall be collected in the same manner provided for the collection of city taxes and, when they remain unpaid,shall be added to the annual city tax on the property to or for which such services were rendered. C66 § 325-23 ZONING § 325-23 ( through the sewer or appurtenance shall contain materials which contain or create deposits obstructing the flow in the sewer. (7) Vibration. No use shall be operated so that ground vibration is perceptible without instruments at any point along the lot lines of such uses. B. Yard maintenance.[Added 5-1-1985 by Ord.No.85-5] (1) (Reserved)21 (2) Exterior property maintenance. [Added 54-1996 by Ord. No. 96-8;22 amended 6-4-1997 by Ord.No.97-8] (a) Declaration of purpose.The purpose of this subsection is to provide a minimum standard for the maintenance of the exterior grounds and visible facades of all properties within the city.This subsection is intended to help provide stable and inviting neighborhoods and business and commercial districts and to promote public health and safety by prohibiting certain deficiencies in exterior property maintenance which create or contribute to unhealthy or hazardous conditions. This subsection is also intended to ensure that property owners or their delegated agents perform such repair and maintenance of properties as will prevent deficiencies that could become an attractive nuisance with regard to children, trespassers or household pets or that may attract insect or animal pests. The adoption and enforcement of this subsection is intended to serve as a deterrence to substandard exterior property maintenance and as a tool for protecting property investment, the tax base and the health, safety and welfare of all city residents.' (b) Definitions. For the purposes of this subsection, the following definitions shall ' apply:_ COMPOSTING MATERIALS— Yard trimmings, vegetable wastes and other organic matter managed for the purpose of natural transformation into compost and stored in a container or compact pile that contains no sewage, sludge or septage-, contains no inorganic materials, such as metal,plastic or glass; and is maintained in a manner to minimize odors and the attraction of insect and animal . pests- GARBAGE—Food wastes, food wrappers, containers,nonrecyclables or other materials resulting from the use,consumption and preparation of food or drink, as well as other expended, used or discarded materials, such as paper, plastic, metal, rags or glass, etc., or any other wastes generated from the day-today activities of a household, business or public or quasi-public facility. The term "garbage'does not include properly prepared and stored recyclable materials or - properly maintained compost areas. 21 Editor's Note:Former Subsection B(i),which established yard maintenance requirements for owners of occupied or vacant buildings or vacant but previously developed lots,was repealed 24-1998 by Ord.No.98-1. ( 27 Editor's Note:This ordinance provided that it shall expire 5-1-1997. 32565 § 325-23 ITHACA CODE § 325-23 GROUNDS and EXTERIOR PROPERTY— Any area of a building or lot, excluding porch areas, not enclosed within the walls of a building. These terms include any public rights-of-way which pass through or are adjacent to a property, including the sidewalk and any area between the sidewalk, if there is one,and the street pavement. PORCH AREA—Includes any open and/or partially enclosed porches or'decks, ' as well as any entranceways or exitways which are in the public view. PUBLIC VIEW— Areas of any property that are visible by pedestrian or vehicular traffic in the public right-of-way or visible from the exterior ground level of adjoining properties or properties within 100 feet of the subject property. SOLID WASTE— Includes materials of substances that are discarded or rejected as being spent,worthless,useless or in excess to the owners at the time of such discard or rejection,including but not limited to materials or substances such as garbage, refuse, industrial and commercial wastes, sludge from air or water treatment facilities, rubbish, tires, ashes, incinerator residue, construction Eft and demolition debris, discarded motor vehicles, discarded household and commercial appliances and discarded furniture. An object shall be presumed to be discarded or rejected solid waste when the object is stored, placed or left on the grounds or exterior of the property in the view of neighbors or passersby under circumstances which meet any of the following criteria: (l) The object produces an offensive smell. [2] The object is of a type designed for interior use or made of materials which are suitable only for interior use and the object is left outside and exposed to <ikeii precipitation. (3) The object has reached a degree .of dilapidation or disrepair that can reasonably be presumed to reader the material unsuitable for or incapable of being used for its original intended purpose or some other reasonable purpose- (41 The object is left, placed or stored in a manner which appears likely to cause injuries. 0, (c) Standards for grounds and exterior property. It shall be the duty and responsibilityof all owners of property in the City of Ithaca to ensure: [1] That all grounds and exterior property are kept clean and free of solid waste. [2] That all garbage, when stored outside, is completely contained in nonabsorbent, watertight, durable containers having a tight-fitting lid in place. Plastic bags are not considered durable containers. Strong, waterproof plastic bags may be used to place garbage at the curbside on the evening before scheduled collections or may be taken to an approved refuse disposal site. Composting materials, so long as they are maintained as defined by this section,shall not be considered garbage. 32566 § 325-23 ZONING § 325-23 [3] That solid waste,other than garbage stored in proper containers described above, is not stored in the public view, except that construction and demolition debris related to an ongoing construction project with a valid building permit may be stored in the public view for not more than 30 days. Reusable household discards may be placed at curbside on special scavenger days designated by the Department of Public Works, but unclaimed discards must be removed by the property owner by the deadline set by the Department. Residents may place reusable materials on the tree lawn for purposes of informal scavenging, not to be observable for more than two successive days. [4] That, within all residential zoning districts no more than one unlicensed motor vehicle may be stored in the public view in a side or a rear yard. if there is no side or rear yard,one unlicensed motor vehicle may be stored in the front yard in compliance with§325-20. However,this section shall not apply to a motor vehicle which constitutes solid waste as defined in §325-23B(2)(b)above. [5] That grass, weeds or other vegetation on grounds and exterior property are maintained so that the height of vegetation is limited to nine inches, except for trees,bushes and other vegetation planted,maintained or kept for some ornamental or other useful purpose. Natural woodlands shall be considered an ornamental or useful purpose., . [6] That the area along public rights-of-way adjacent to or on the property, including but not limited to the area between the front property line or : .; sidewalk and the curb or street pavement, is maintained in a reasonably , clean and sanitary condition free of garbage and/or solid waste, with any grass, weeds and brush in said area cut or trimmed in compliance with §325-23B(2)(c)[5] above. The planting of annuals and perennials in these sidewalk areas shall be allowed,but the planting of trees or shrubs in these areas shall not be permitted without the approval of the Superintendent of Public Works. Premises situated at street intersections or on curved streets shall be kept in such a condition as to give a clear and unobstructed view of the intersection or curve. [7] That trees, shrubs or other vegetation are pruned such that they will not obstruct the passage of pedestrians on sidewalks. The maintenance of city trees, including trees between the sidewalk and curb, must be left to the Department of Public Works. [8] That fences and walls are maintained in a safe and structurally sound condition. [9] That steps, walks,driveways,parking spaces and other similar paved areas are maintained so as to afford safe passage under normal use and weather conditions. [10] That sidewalks are kept substantially clear of snow, ice and other obstructions, including but not limited to free-flowing water from drains, 32567 § 325-23 ITHACA CODE § 325-23 ditches, and/or downspouts located on the property except during flooding. All sidewalks, ramps and curb cuts shall be cleared of such obstructions within 24.hours of when the obstruction initially occurs. For properties that abut the intersection of two streets, the sidewalks that must be kept substantially clear of snow, ice and other obstructions shall include that portion of the sidewalk which runs to the curbline of any street and shall < include any access ramps therein. (See §285-5.) The obstruction of sidewalks and access ramps is presumed to have commenced concurrently with the beginning of any snow or ice fall or storm. (d) Standards for porch areas.It shall be the duty and responsibility of all owners of property in the City of Ithaca to ensure: [1] That porch areas are kept free of garbage, unless stored and completely contained in durable, nonabsorbent, watertight containers having a tight- fitting lid in place.Plastic bags are not considered durable containers. [2] That construction and demolition debris be located on porch areas for no longer than 30 days. (e) Responsibilities of agents delegated by property owners. The responsibilities outlined in§325-23B(2)(c)may be delegated to an agent by the property owner, so long as at the time of any violation of this subsection, an agency agreement is on file in the City Building Department which contains the following information: the identity of the owner and the agent, the owner's and agent's addresses and current phone numbers, the property or properties the agent is accepting responsibility for,the beginning and ending date of the agreement,the exact sections of this Code assigned to the agent and the signatures of both the property owner and agent,along with each party's date of birth.The agent must be a resident of or maintain business in Tompkins County.Post office boxes will not be accepted as addresses for agents.The property owner may not designate a residential tenant as the agent pursuant to this section, except where such designation is contained in an employment agreement between the property owner and the tenant. The employment agreement shall not be contained in the lease agreement between the property owner and the tenant, and the tenant's acceptance of designation as the agent shall not be a condition of the lease agreement.[Amended 2-4-1998 by Ord.No.98-1) (3) In any case in which the city intends to correct a violation of§325-23B(1)or(2) and then bill the property*owner for the correction of the violation, the Building Commissioner or his/her designee shall notify the owner of the property, and, where relevant, the registered agent who has assumed responsibility as outlined in §325-23B(2)(e) of this Code, in writing,of any violation of this section. Such notice shall be served in person or by mail to the address appearing on the city tax roll, requiring such person, within a time specified in such notice but in no event less than five days from the service or mailing thereof,to comply with this section and to cause the grass, brush or rubbish to be cut back or removed so as to comply with this section.Such notice shall also state that the property owner may contest the finding of the Building Commissioner by making a written request to have a hearing on the 32568 § 342-14 ITHACA CODE § 342-18 B. Inspections and other expenses.Said permittee shall be billed by the city for any inspection and any other expense incurred by the city by reason of any failure or default on the part of said permittee, as determined and certified by the Superintendent, and such bill shall be paid within 30 days after the same shall have been billed by the city. §342-15. Conformance to specifications;tests. A. Conformity required. All materials used or incorporated in any work done under the provisions of this chapter shall conform to such specifications promulgated by the Board. B. Tests. Materials shall,at the discretion of the Superintendent,be submitted to such tests as may, in his/her opinion, be necessary to determine their quality and acceptability. Such tests may be made in any laboratory designated by the Superintendent,and the city shall be reimbursed by the permittee for any expense incurred by said city on account of such tests. _ § 342-16. Cleanup of work site. -w A. Debris. The permittee shall clean up and remove from the site of the work, upon completion thereof,all surplus excavated material and debris and shall leave the site of the work in a neat and orderly condition within one week. B. Restoration of ground surface.Where topsoil,seeded areas or sod is disturbed in the course of the work,the permittee shall restore the ground surface to a condition as good as it was previous to the work. 342-17. Abandonment of substructures. `mss Whenever the use of a substructure is abandoned, except the abandonment of a service line designed to serve a single property owner,the person owning, using,controlling or having an interest therein shall, within 30 days after such abandonment, file with the Superintendent a statement, in writing, giving in detail the location of the substructure so abandoned If such abandoned substructure is in the way or subsequently becomes in the way of an installation of the city or any other public body,which installation is pursuant to a governmental function,the owner shall remove such abandoned substructure or pay the cost of its removal during the course of excavation for construction of the facility by the city or any other public body. ARTICLE III Sidewalks and Driveways §342-18. Duty to construct and maintain sidewalks.. Upon notice from the Board of Public Works,it shall be the duty of the owner of any property to properly construct and maintain a sidewalk in front of his/her property.However,no person shall proceed with the construction,reconstruction or repair of any sidewalk without obtaining a street permit from the Superintendent or his/her authorized agent and a sidewalk survey request from the office of the Engineer. The Engineer shall supply line and grade and the specifications for the work to be performed. 34206 d CITY OF ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK 14850 OFFICE OF TELEPHONE: (607)274 CITY ATTORNEY FAX: (607)272 MEMORANDUM TO: Board of Public Works FROM: Pat Kennedy, Assistant City Attorney DATE: July 1, 1992 SUBJECT: Sidewalk Standards 4 •.:: � Attached to this memo is a letter .I sent to the Ithaca Agency, General Accident Insurance and Levene, Gouldin & Thompson, our attorneys for sidewalk claims right after last week's meeting. I have spoken to the people at Ithaca Agency, to Lou Pinto and to attorney John Perticone. They all tell me that neither the insurance company, the adjustor, nor the attorney' s office has established criteria for determining when sidewalks are unsafe or condemnable. They say that it .is basically a "reasonable person". standard and that the criteria should be derived from either some national standard, if one exists, or through sound engineering judgment. The City is not required to have perfect sidewalks. The City is simply required to maintain its sidewalks in a manner which a reasonably prudent person would do knowing that people would be walking over them. John Perticone, from Levene Gouldin, suggested that the best way . to come up with a minimum standard for safe sidewalks would be for ~' the Board to review each of the various components involved, listen to the recommendations of the Engineering Department, and review any relevant case law. The Board would then establish the criteria and, any suits against the City where the sidewalks did not fall below the criteria established by the Board would most likely be dismissed because sound discretion in establishing the criteria had been used. I have one of my law students up at Cornell this week doing a review of all of the cases having to do with sidewalk-related injuries. By next Wednesday I expect to have an outline for the Board of that material to help you with any analysis you decide to undertake. I have also asked my law student to see whether he can locate any national standards for sidewalk safety. Attachment -An Ey„2dopparimArEmawravvimanAftm rweAcaa,Pro7aW C� Recycled Z. CITY OF ITHACA 108 EAST GREEN STREET ITHACA. NEW YORK 148SO OFFICE OF TELEPHONE: 272-1713 CITY ENGINEER CODE 607 MEMORANDUM TO: Tom West, Assistant Civil Engineer FROM: Creig Hebdon, Junior Engineer RE: Annual Sidewalk Work ` FILE: Trans. - 050.0 DATE: October 12, 1990 After reviewing past work on sidewalks and present work being done; with no change in the present format the following. work schedule should be considered. Neighborhood Year for Contract' 1991 7 1992 9 1993 6 1994 5 1995 4 1996 8 1997 3 1998 12 1999 12/11/10 2000 . 7 This schedule is based on the attached map. The map shows that in 1985, neighborhood #4 was done. With a 10 year cycle, neighoborhood ;#4 would come up in 1995 and we could follow the past schedule from there. The schedule for the next five years is based on whet areas have not been done and the State's completion of a massive amount of work in area 10, 11, and 12. Due to the amount of work to be done in area 7, this area will need a 2nd year to be completed. CAH/dlp -An Equal Opportunity Employer with an Affirmative Action Program" C 1 T .Y A 1 I .-IT.H-ACA N' E V Y O R K 1 - - an PL—INING•,OA*b /.N1. 1970 Sidewalk Work - - PLANNING .: NEIGHBORHOOD • ; .: YEAR CONDEMN UNSATIS r 1979 all over 1980 all over i 1981 8-some of 4 1982 5 mostly - 1983 '. all over j ! 1984 all overI 1J I 1985 4 % 1986 8 3 `= 1987 3 1&2 i 1988 1&2 9 .,L _` ' 1989 1&2 p r- �u 1990 7 j Il \ 2 f � �, � a yap �� � •9 ov �. I G uL L X4"7 a -j �Z� j�• �' _ z K LA MAP 11.1 ��% EIC ; BORHO OD BOUNDARIES, ,;� 1 70 CD-1 ITH-AC ; Y O R K N E W _ '—C a„o i ed cross ramp walk 'i. f`- b ' 4" concrete sidewalk 17 10 : X15 �� tit �• !i3O 1 _ vim. •• .. _- 'fix MAp U N DARt ES, 1970 - ' ' WEIGHBORH OD OFFICE OF THE SHERIFF OFTOMPKINS COUNTY 779 WARREN ROAD TEL: (607)257-1345 ITHACA, NY 14850 FAX: (607) 266-5436 PETER J. MESKILL RANDOLPH W. HAUS SHERIFF UNDERSHERIFF Our problem? We can't talk! Our current communication system was great 25 plus years ago but now we face some major problems and communications issues on a daily basis. We are concerned about the safety of our public safety providers, the Police Fire and EMS personnel that serve Your community. When Public safety providers and responders can't communicate, it dramatically slows the emergency response program. Do you want public safety providers working under tense emergency situations to become frustrated and their response dramatically slowed or their actions hampered because they can not communicate with each other?Of course not! However,that is exactly what occurs now in Tompkins County! Many locations throughout the county are covered so poorly by our current aging system that it makes it difficult or impossible to effectively communicate. An officer(police or fire)with a portable radio,trying to communicate what they need, has a difficult and/or impossible task. The need during an emergency, to communicate with additional units or the base office, is vital to providing effective and lifesaving emergency services. Several times during the week Sheriffs deputies in rural areas, or even at the Pyramid Mall, and are unable to communicate. Right now we have difficulty, and in too many circumstances, are totally unable to communicate in parts of Newfield, Groton, Caroline, Danby, Dryden, Ulysses and Lansing. Yes its true, it's almost impossible to communicate with your portable radio in Pyramid Mall! How would you like to be the police or fire officer that answers a routine alarm and finds an armed bank robber taking hostages or a working fire rapidly engulfing a department store, and you are unable to communicate your needs? Our current communication system cannot help us in these situations. This makes it difficult for our people to provide the public safety you demand and expect. Think about that! We have extreme difficulty communicating our needs, in one of the most heavily populated public areas of Tompkins County. The county desperately needs an updated public safety communications system that allows us to communicate effectively with each other to provide the public safety you demand and expect. Your support, understanding and assistance are needed. Please support our need to be able to effectively communicate with each other so we can help you in your time of need. Help us help you! Thank you, Peter J. Meskill, Sheriff of Tompkins County CITY OF ITHACA 310 West Green Street Ithaca, New York 14850-5497 i• a !� O OFFICE OF THE FIRE CHIEF Telephone: 607/272-1234 Fax: 607/272-2793 31 JAN 00 County Communications System Shortcomings Put Public Safety Personnel at Risk Recent fires have underscored the fact that the continuing deterioration of the County's public safety radio communications network has created severe difficulties in dispatching to fire and emergency medical units, communicating between public safety officers in the field and their respective dispatch centers, and communication between personnel operating at emergency incidents. This situation is made worse due to the loss of certain radio frequencies. This restricts the ability of fire fighters to subdivide complex fire operations and it reduces the number of frequencies available to use in coordinating mutual aid responses. Signal degradation as the result of artificially extending the life of 1950's vintage low-band transmitters has caused severe reception problems for paging operations, which affects such things as transmission of alarms and access of lock box keys in vehicles. Lack of coverage by the current system results in many areas in the County where radio communications from a field unit to a dispatch center is impossible. As an example, a Sheriff's deputy alone at a hostile situation who needs assistance may very well be unable to contact anyone to help. Many fire departments are suffering from a shortage of portable radios because replacements have not been purchased. This is because the proposed solution to all of these problems has been significantly delayed. That solution is the proposed 800 MHz trunked communications system that has been combined with the project to centralize 911 and the development of a new county information system network (CISNET). Without portable radios, personnel operating in emergency situations cannot communicate to report progress or call for assistance. Finally, lack of an adequate number of frequencies for emergency operations means that, for example, critical functions at a fire scene must share frequencies. This results in critical messages being delayed or missed entirely. If a fire fighter is in trouble in a burning building, he or she may only have one opportunity to radio for help. Clearly this is an urgent issue requiring focused and intense effort by all parties involved. The communications system upgrade is not a luxury nor a solution that can wait. Although the County has engaged this issue and some concrete planning has been done, the need for a fast- track solution is imperative. Released by: ABrian H. Wilbur Fire Chief Ithaca Fire Department 31 JAN 00 Examples of Radio or Communications Problems Experienced page 1 Signal Degradation: Paging system is unreliable. Ithaca Fire Department Many times personal pagers and sometimes station paging does not activate which results in alarm response being delayed or missed. Other times, the transmission is so garbled that it is impossible to understand the message. Lock Box key release is unreliable and requires many attempts to secure the lock box key from the key receiver in each apparatus. During the recent fire on The Commons, a fire fighter had to be detailed to drive a staff vehicle around the area until he could find a location where the lock key box would receive the release signal from the dispatch center. That fire fighter was needed at the fire, not driving around trying to access a lock box key. Slaterville Fire Company A Slaterville Fire Company paramedic across the street from a recent emergency medical call did not hear the dispatch and was unaware of the emergency until after others had responded with the ambulance. An opportunity for skilled intervention within a minute of the dispatch was lost. Lack of Coverage: Communications with the dispatch center are unreliable in that tower coverages are inadequate to reach many areas of the City and County. Newfield Fire Company Radio communications with dispatch are unreliable due to dead spots from mobile radios all over the district, including the Newfield Main Street and Route 13 near Main Street, Route 13 at the County line, Vankirk and Shaffer Roads. Portable radio coverage is worse. Lack of "repeating" capability results in unit-to-unit communication within the district is very poor. Varna Fire Company Due to terrain, difficulty in communicating between fire/rescue crews and incoming Dryden Ambulance is severe. Vital patient information, ambulance arrival times, and much more information is not shared due to communications difficulties. Much of the Varna Fire Company's service area in the Ellis Hollow area is hampered by poor communications on the primary fire frequency they use. Ithaca Fire Department Fire fighters working within certain buildings cannot communicate with personnel outside or with dispatchers. Ithaca Fire Department 31 JAN 00 Examples of Radio or Communications Problems Experienced page 2 Frequently, rescue operations in area gorges are made more hazardous due to the inability of workers in the gorge to reach dispatch centers and/or on scene personnel. A rescue operation last summer in the Six Mile Creek gorge was hampered as fire-rescue crews entered an area of the gorge from up- and down-stream directions to locate the victim and could not talk to each other or to the dispatch center. Trumansburg Fire Department Fire and rescue operations along the lake shore are extremely difficult to manage due to the inability of the communications system to reach that area. Loss of simulcast frequency means that a tactical frequency is also being lost. County fire units already share radio frequencies which results in units talking on top of each other, or having to wait for clear air time. Lost messages abound. One of the major findings from the Columbine tragedy comes down to the inability of multiple agencies to communicate with each other. Interoperability between agencies and individual units operating at the scene of an emergency is critical; as a direct result of staffing deficiencies, now so more than ever. Lack of portable radios due to delaying acquisition based on 800 MHz system means that many fireground functions are not supported with the ability to communicate with other tactical teams or with the incident commander. Ithaca Fire Department Command operations at a recent fire on The Commons were hampered due to the inability of 11 year old portable radios to properly scan the frequencies in use. As a result, crews working in the interior and dispatchers had extreme difficulty contacting incident command personnel. Trumansburg and Ithaca Fire Departments Budget uncertainties related to how the communications problems will be solved have created, or will create difficulties for many agencies in funding replacement radios, or alternative systems. What is Trunkinp,Radio Trunking is the most effective use of a small number of radio frequencies controlled by a software system. The present 14 site 100 frequency radio system to be replaced by 10 frequency, 800 MHz simulcast trunking system. This will reduce by 5 sites to only 9 sites with increased radio coverage by end user. In effort to meet Federal Communication Commission 1993 refarming act of frequencies and at same time up-grade and improve County All Agency Area Wide Communication System. The design system provides a strong backbone for any and all users, (school buses, T-Cat, Health Department, Highway and Department of Public Works, Ambulance, Police, Sheriff's Department, Fire/Rescue, Cornell, etc. By building the designed 800 MHz 10 frequency trunking radio system we will not only be working with approved FCC radio frequencies for ALL, throughout Tompkins County, the system allows for 400 different users and 4000 talk groups. Example: User—Ithaca Department of Public Works Talk Group- Snow Plow Sign Department Supervisors Flaggers Other Towns Police Fire/Ambulance Bridge Department In time of greater need 800 MHz trunking will put any one agency or groups of agencies in a tall( group (911 Dispatch) together — City Fire, City Police, Department of Public Works, City Transit, T-Cat, and City School. Also there will be an improvement of the inter-connect of(9) sites with high-speed digital data by use of 6/10 GHz microwave. The digital microwave will provide Fire/EMS emergency pagers, to update from their 1950 system. By this upgrade there will be greater coverage by allowing personnel quicker response to their Emergency call. TO SUM UP 800 MHz TRUNKING! Reduce from 14 County sites and 100 Radio Frequencies with little or NO interagency communication, to 9 Sites with 800 MHz trunking simulcast 10-frequency system. This 800 MHz trunked County All Agency Area Wide Communication System with digital data and paging, with 95% coverage for any and all agencies with hand held units. I� - I To: From: Jack Miller Dare: December 13, 1999 ` Subject:: Issues to,be addressed by the 800 MHz Communication A. To provide one County wide voice radio system to all levels of city,town, v illa3e, county and campus operation. 13. Must pro`,ide to levePthat a person in a light constructed building with 95% covc.age 95% of the time and.from-any point in the County with a portable and inay have communication to other portable units in the field and other agencies and communication centers. �:. Disitat trunking is use of 10 pair of con-.n.unication lines. By use of high speed �caza operation,will enable all users their own private talk group and also will allcw inter group communication between any other group. Sys:egi must provide a minimum 400 talk gioups and 4000 indiVlc ual user units. ;. The design.needs to meet these.equirements iid vrii need nine transmit`�ing sites throughout the County. F. These nine sites along with one new E-911 Combined Dispatch Center and present mobile data system will be interconnected by high speed 6/10 GHz microwave. G. Change out 1950 low band voice only county paging with 450 MHz simultaneously tone voice and alphanumeric paging. • t 180 FT - - Groton lsftsing R . e RIL N <�. 240 FT '• 1 Ulysses r i ,4 -•s. 911 Dispatch - x ; Wo r Rd. 120 FT 8 FT Dryden i'adu Rd 180 —T � { i•' i .,._..• Enfield ���'., }:.�'� �- �` _.� v•;_. 1�dt J' At 180 FT Caroline NewfieldOanby rff' 180 FT C .,; -_ 'tel Y f.•' l ` • i Curtis Rd 180 FT Proposed Tower Sites Tompkins County r