HomeMy WebLinkAbout01-29-03 Budget & Administration Committee Meeting Agenda BUDGET AND ADMINISTRATION COMMITTEE
JANUARY 29, 2003
IMMEDIATELY FOLLOWING 6 :30 COMMON COUNCIL MEETING
COMMON COUNCIL CHAMBERS
AGENDA
Statements from the Public
Amendments to Tonight' s Agenda
A. Fire Department
1 . Request to Amend Capital Project 4461 Nautical Emergency
Response Center - Resolution (10 min. )
2 . City-Town Fire Protection Contract Approval (30 min. )
B. Planning Department
1 . Request to Amend Capital Project 386 Commons Improvement -
Discussion (15 min. )
C. Youth Bureau
1 . Request to Amend 2003 Budget for Recreation Mainstreaming
Services - Resolution (5 min. )
D. Common Council
1 . Code of Ethics Legislation - Discussion and Establishment
of Sub-committee (25 min. )
2 . USA Patriot Act - Discussion and Possible Resolution (30
min. )
E. Controller
1 . Workers' Compensation Insurance - Report (10 min. )
2 . Delegation of Power to the City Controller for Issuance of
RAN - Resolution (5 min. )
F. Reports
1 . Mayor' s Report
2 . Budget Process Sub-Committee Report
3 . Council Members' Announcements
4 . Next Month' s Meeting: February 26, 2003?
5 . Setting meetings for March and thereafter.
Youth Bureau - Request to Amend 2003 Budget for Recreation
Mainstreaming Services
WHEREAS, the Youth Bureau will be receiving funds from the New
York State Office of Mental Retardation and Developmental
Disabilities (OMRDD) for Mainstreaming Assistants for children
with disabilities at the Day Camps and for a "COLA" (Cost of
Living Increase) , and
WHEREAS, the Youth Bureau has increased the fees for the
Iroquois Program; now, therefore be it
RESOLVED, That Common Council hereby amends the 2003 Youth
Bureau Budget as follows :
Increase Anticipated Revenue accounts :
A7310-3820 Recreation Mainstreaming Services $7, 571
A7310-2001 Recreation Mainstreaming Services $2 , 052
Increase Appropriation accounts :
A7310-5120 Part-time Seasonal $5, 500
A7310-9030 Social Security $ 421
A7310-9040 Workers' Compensation $ 952
A7310-5460 Program Supplies $3, 050
Decrease Appropriation account :
A7310-5435 Contractual ($ 300)
� .. iT CITY OF ITHACA
1 James L. Gibbs Drive Ithaca, New York 14850
i
b
YOUTH BUREAU
��RA?EO Telephone: 607/273-8364 Fax: 607/273/2817
To: Budget and Administration Committee
From: Allen Green Acting Director
Joanie Groome Recreation Supervisor
Re: Recreation Mainstreaming Services Budget Amendment
Date: January 17,2003
We have been advised by the NY State Office of Mental Retardation and Developmental
Disabilities(OMRDD)that we will be receiving additional revenue for Mainstreaming
Assistants for children with disabilities at our Day Camps and for a"COLA"(Cost of
Living Increase). We have also increased fees for our Iroquois Program.
We would like to amend the 2003 Recreation Mainstreaming Services budget as follows:
Increase anticipated revenue:
NY State Office of Mental Retardation and Developmental Disabilities (OMRDD)
Account#A 7310-3820 Recreation Mainstreaming Services $7571.00
Account#A 7310-2001 Recreation Mainstreaming Services $2052.00
Increase expenses: Recreation Mainstreaming Services
Account# A 7310-5120 Part Time Seasonal $1508.00
Account# A 7310-5460 Program Supplies $3050.00
Decrease expenses: Recreation Mainstreaming Services
Account# A 7310-5435 Contractual $300.00
Thank you.
"An Equal Opportunity Employer with a commitment to workforce diversification." ���
vr
Controller - Delegation of Power to the City Controller
A RESOLUTION DELEGATING TO THE CITY CONTROLLER OF THE CITY OF
ITHACA, TOMPKINS COUNTY, NEW YORK, THE POWER TO AUTHORIZE THE
ISSUANCE OF AND TO SELL, FROM TIME TO TIME AND DURING THE 2003
AND 2004 FISCAL YEAR, REVENUE ANTICIPATION NOTES OF SAID CITY IN
ANTICIPATION OF THE COLLECTION OR RECEIPT OF REVENUES ESTIMATED
TO BE RECEIVED BY SAID CITY.
BE IT RESOLVED, by the Common Council of the City of Ithaca,
Tompkins County, New York, as follows :
Section 1 . The power to authorize the issuance of and to
sell, from time to time during the 2003 and 2004 fiscal year,
revenue anticipation notes of the City of Ithaca, Tompkins
County, New York, including renewals thereof, in anticipation of
the collection or receipt of revenues estimated to be received
by said City is hereby delegated to the City Controller, the
chief fiscal officer. Such notes shall be of such terms, form
and contents, and shall be sold in such manner as may be
determined by said City Controller, pursuant to the Local
Finance Law.
Section 2 . This resolution shall take effect immediately.
Current Revenue Anticipation Note:
Issued: May 1, 2002
Amount: $ 2,000,000
Maturity: January 31, 2003
Rate: 2.10%
CITY OF ITHACA '
Cr= ;rt 310 West Green Street Ithaca, New York 14850-5497
1 1
OFFICE (W THI; FiKE CHIEF
Po�j�O Telephone 60-2-2-1234 F LX: 60-2'2-2-93
MEMORANDUM
To: Budget and Administration Committee
From: Brian H. Wilbur,
i
Re: City-Town Fire Protection Contract
Date: 16 JAN 03
Attached please find two versions of the most recently proposed draft of the fire
protection contract between the City and Town of Ithaca. One of these versions has
editing marks, and shows the changes that have occurred since May of 2002. The other is
a clean version of this draft, with all changes removed.
The Board of Fire Commissioners approved this proposal at their 14 JAN 03 meeting. It
is now my request that the B&A Committee consider this agreement at the 29 JAN 03
meeting. Ideally you will see fit to agree with it and move on to Council for final
approval. The Town Board is in the midst of this same process.
The key to editing marks or changes indicated is:
25 SEP 02 changes are those resulting from John Barney's letter and subsequent
meetings dating from May 2002: new material underlined; deleted material stfue1E out.
11 DEC 02 changes are those resulting from negotiating team meetings in December 02,
summarized by John Barney letter of 05 DEC 02: deleted material stfuek out, with a
vertical indicator line in the left margin adjacent to struck material; new material is
shown in italics.
15 JAN 03 changes are those made as a result of Norma Schwab's review of the 11 DEC
02 version: bold italics.
To bring you up to date, you may recall that both the Town Board and Common Council
had conditionally approved various versions of this document during the winter and
spring of 2002. As an outgrowth of the last round of these conditional approvals, Town
Attorney John Barney forwarded several comprehensive changes to the City. These
changes were discussed in various settings with a proposed document drafted by me as
the conclusion to that process. That document was dated 25 SEP 02.
Additional meetings were held to discuss the proposals made in Mr. Barney's letter that
were not incorporated in the 25 SEP 02 draft. As a result of those meetings, a new draft
An F.yu:d Opportunit% Emplocrr with a commitment to �Norkforce diversification." �«?
Budget and Administration Committee 16 JAN 03
Re: City-Town Fire Protection Agreement page 2 of 2
was developed dated 11 DEC 02. This was reviewed by Norma Schwab, which resulted
in the 15 JAN 03 draft you now hold in your hand.
One of the most substantial changes made since you last saw this moves us to a monthly
payment cycle. Each month the City will provide a statement of revenue, expenditures,
and net expenditures to the Town. The Town will pay their share each month based on
that statement.
In addition,the list of exhibits has grown substantially. These exhibits do not materially
affect the document, but serve to demonstrate how different components of the agreement
will be executed, or as references for administration of this agreement. The exhibits have
not been duplicated for you at this stage of the process. If you would like to see them,
please let me know and we will provide copies.
Please contact Mayor Cohen, Controller Thayer, or me if you have any questions or
concerns with this material.
Cc: C. Valentino
IFD FC HD:Documents:wpdocs IFD Workaife safety:administration:Town of Ithaca:1/16/03 contract b&a memo
DRAFT
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06
THIS AGREEMENT
Made as of the day of __April—, 2002 (retroactive to 01/01/02)
by and between the BOARD OF FIRE COMMISSIONERS and the COMMON COUNCIL
OF THE CITY OF ITHACA, Tompkins County, New York, (hereinafter referred
to as the "City"), party of the first part, and THE TOWN BOARD OF THE
TOWN OF ITHACA, (hereinafter referred to as the "Town", acting as and for
the Fire Protection District of the said town.
WITNESSETH:
WHEREAS, the party of the first part is the governing Board of the
Municipal Fire Department and Common Council of the City of Ithaca, and has
under its control and custody personnel and fire fighting equipment of said
Department, and
WHEREAS, there has been duly established in said Town a fire
protection district known as "Town of Ithaca Fire Protection District",
embracing all of the territory in said Town, except the Village of Cayuga
Heights. and a portion of the northeast portion of the Town, which district is
more particularly shown on Schedule A annexed hereto, and
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06
WHEREAS, following a public hearing duly held, said Town was duly
authorized to contract with the party of the first part for fire protection
and emergency medical service to the portion of said district hereinafter
defined, upon the terms and provisions herein set forth;
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
1 . Provision of Services. The City shall provide fire protection
services and emergency medical services on an equal basis throughout the
fire service area, inclusive of the City and Town Fire Protection District, as
more fully defined, as follows:
ALL of the Town of Ithaca, excepting the following areas:
(a) The Village of Cayuga Heights;
(b) The-noTr heart seetien of the T-ewn of It aea_That is situated east
f
WniveFSity f
The northeast section of the town of ithaca that is situated east of
the east boundaries of the Village of Cayuga Heights and the City of
15-JAN-03 2
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06
Ithaca, south of the Village of Lansing/Town of Ithaca boundary, west
of the Town of Dryden/Town of Ithaca boundary and north of a line
described as follows: Beginning at a point where Forest Home Drive
intersects the east boundary of the City of Ithaca with the Town of
Ithaca, thence southerly along the Town/City line approximately 250
feet to the westerly end of a dead-end service road running behind the
Plantations Service Building, thence easterly along the toe of a slope of
an uphill grade to the south, crossing Judd Falls Road and Caldwell Road
and continuing_ easterly and southeasterly to a point along the center
of the elevated grade that runs between the Arboretum Road and New
York State Route 366, thence northerly and northeasterly to a point at
the northwest corner of the parking area attached to the former
Cornell University Transit Facility, and thence northerly to the point
where Forest Home Drive crosses the boundary line between the Town
of Ithaca and Dryden.
Such southerly line is more particularly shown on the map attached as
Exhibit A by the dashed line running generally easterly from the Town
of Ithaca/Cif of Ithaca boundary to the Town of Ithaca/town of
Dryden boundary.
15-JAN-03 3
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06
Generally, the intent is to exclude from the service area those
buildings and properties generally accessed from Plantations road and
north, and to include in the service area those buildings and properties
that are generally accessed from Tower Road. from Judd Falls and
Caldwell Roads south of Plantations Road, or accessed from NYS Route
366, and south.
The Cornell University Filtration Plant is excluded from the area to be
serviced under this Agreement ,this exclusion being the only change in
territorial coverage in this agreement compared to the January 1 .
1995, agreement between the parties.
For reference, a copy of the map proposed as Exhibit A is enclosed.
(e) The Hamlet of FOFest HeFne, ineluding the StFUetWe housing
2. Hydrant Maps. To aid in the determination of hydrant and water
source locations with reference to particular alarms, the Town shall furnish
to the City the most recently available map of all areas of the Town having
hydrant service, showing hydrant locations, normal static hydrant pressure,
hydrant flows, static water sources, streets and highways, location and
addresses of improved properties and the identity of the owner thereof. It
15-JAN-03 4
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06_
shall be the sole responsibility of the Town of Ithaca to provide
the City with updated changes in hydrant locations, static
sources, and to the related data set forth herein, immediately as
they occur. The Department shall be entitled to rely on such map and
shall not be responsible for any inaccuracies therein.
3. Use of Mutual Aid. The City warrants and covenants that as soon
as a serious fire or other emergency makes the Town of Ithaca potentially
without adequate coverage from the Ithaca Fire Department, the City,
through its fire department, shall immediately seek protection through the
Tompkins County mutual aid assistance agreement providing coverage to the
Town of Ithaca through deployment of equipment and/or personnel brought
into the City or the Town of Ithaca pursuant to the City's request for mutual
aid.
4. Term. The term of this agreement shall commence January 1 ,
2002, and shall terminate December 31 , 2006.
5. Payments by Town. The Town shall pay to the City the following
estimated sums as payment for each of five years of the term of this
Agreement, in the manner set forth below:
15-JAN-03 5
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06
e#-eaeh yeaF.
(a) Net Expenditures. The Town shall pay to the City the Town's
percentage share of the annual Net Expenditures (defined below) for the Fire
Department calculated as set forth below in Sections 5(c) et.seq. On or
before the 10th of each month, the City shall supply to the Town a
statement in substantially the form annexed hereto as Exhibit B certified
by the Fire Chief or City Controller as being true and correct detailing the
actual revenues and expenditures of the Fire Department for the preceding
month. The Town shall pay its percentage share of such Net Expenditures on
the fifteenth of the month in which the income statement is received. For
example, if the statement of Net Expenditures delivered on February 10
15-JAN-03 6
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06
discloses that the Town's percentage share of actual Net Expenditures for
January was $160,000, the Town will pay the City $160,000 on the fifteenth
of February. Under no circumstances shall the total amount paid by the
Town in any calendar year exceed the annual budgeted amount for Net
Expenditures without the Town's prior approval of any budget changes
resulting in such increase.
The annual percentage share shall be established as prescribed in Section
( 5(d) ) of this agreement. The aet-wal annual eest will be deteFFAined by
The actual annual Net Expenditures will be determined by March 31 of the
subsequent calendar year, with a corresponding adjustment being made in
the next monthly payment. Any additional adjustments resulting from any
State Comptroller's audit, the City Controller's report, and the independent
auditor's report referred to below shall be reflected in the next monthly
payment, following the Town's receipt of the City's adjustment
15-JAN-03 7
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06
report.
The City shall maintain records and accounts of all activity, income,
expenses, receipts and payments relating to the Fire Department, which
accounts shall include, at a minimum, all of the line items set forth in the
Year 2002 budget attached to this agreement as Exhibit Q. The City shall
also supply a list of applicable budget codes detailing the nature of the
budget lines set forth in Exhibit C.
dWing this agreement be insuffleient to Fneet the spending needs of the FiFe
Lr-',IepaF+,FRent, said defie't shall be added te the next yeaF's paFtieipating-
15-JAN-03 8
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06
,Fepe.r_t ferp the FiFe DepaFtment within 20 as of the ele'se ef the
f
f
The City will provide the Town with a copy of the Controller's annual
report for the Fire Department within 120 days of the close of the calendar
year unless the time is extended by mutual agreement. The City shall
provide to the Town a copy of an independent auditor's report with 14 days
of receipt of such report. All final adjustments for each municipality's share
shall be finalized as each report is received.
If this Agreement terminates, instead of applying adjustments to
future payments, the adjustments shall be made in cash from one party to
the other no later than June 1 immediately following the March 31 finalization
of actual costs, and with respect to adjustments flowing from final figures
as determined by the State Comptroller. the City Controller, and/or the
independent auditor, within one month of the date of receipt of the final
15-JAN-03 9
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06 _
report from each of said persons or entities respectively.
(b) Investment of FiFe DepaFtment PFegFaFn Funds. The Gity shall
advanee any FeqWiFed amounts based en the paFtiempating shaFes then k.
lest inteFest based en the ayeFage GeneFal Fund eaFRIAgS Fate;-
adjusted by the inteFest lest en any eash flew advanees.
(b) - Deliberately omitted.
(c) The total taxable assessed valuation of real properties in the
City shall be combined with the total taxable assessed valuation of real
properties outside the City but within the area for which fire protection
services are being provided pursuant to this contract. Such amounts are
hereinafter referred to as the "Combined Taxable Assessed Valuation". The
Combined Taxable Assessed Valuation shall be calculated as close as
reasonably possible to September 1 of each year.
(d) The portion of the Combined Taxable Assessed Valuation located
15-JAN-03 10
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06_
within the Town and outside the City, as defined by paragraph 5(c), shall be
divided by the total Combined Taxable Assessed Valuation. The result is
referred to hereinafter as the "Town's Percentage".
(e) The Town's Percentage shall be multiplied times the monthly Net
Expenditures for the preceding month, and the resulting figure shall be the
amount of the Town's payment for the e ;T;u--ea�eT-T-"c4a -yeaF. each month.
(f) An example of the foregoing calculation is as follows: Assuming
the Net Expenditures (which number includes debt service but excludes
depreciation) is equal to $5,500,000 and assuming that the Taxable
Assessed Valuation of the area of the Town outside the City covered by the
Fire Protection Contract is $120,000,000 and that Taxable Assessed
Valuation of real property in the City is $240,000,000, the Combined-Taxable
Assessed Valuation will be $360,000,000 ($120,000,000 plus
$240,000,000), the Town's Percentage will be 33.33% ($120,000,000
divided by $360,000,000) and the
will be $1 ,831 ,500 ($5,500,000 times . Town's share of each
month's Net Expenditures will be 33.33%.
through S(f) abeve) "expen RWels" shall Fnean (4) aetual expenses
15-JAN-03 1 1
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06 _
., it is the
that of equipment PUFehased and paid feF in eash dblFiAg the yeaF, the
ee ,
0
0
15-JAN-03 12
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06_
(g) For the purpose of this agreement (including paragraphs 5(b)
through 5 (f) above) the following terms shall have the following meanings:
i. The term "Net Expenditures" shall mean the actual
expenditures (subjeet !e adjustment as set fer-th in
subparagraph (a) abevo of the Fire Department including the
items set forth in the budget discussed below, less all revenues
received by the City for Fire Department operations except for
the Town's contributions pursuant to this contract and except
for general tax revenues raised by City taxes. The following
matters shall govern the calculation of "Net Expenditures":
(A) There will be included in revenues any amounts received
from any
contributions from Cornell University for fire protection or
similar services, contributions from any other tax-exempt
entity provided for fire protection or emergency medical
services, refunds, gifts, grants, state or federal aid
related to the Fire Department, income from the sale of
Fire Department assets, code and any other inspection
fees or enforcement revenues related to services
15-JAN-03 13
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06
performed by Fire Department personnel, rental income,
and any other forms of income payable to the Fire
Department, to the City, or to any other entity associated
with either, for Fire Department related activities or
expenses.
(8) Only expenses relating directly to the operation of the
Fire Department shall be included in Net Expenditures (e.g.,
equipment purchase and maintenance, building purchase,
renovation or maintenance, salaries and fringe benefits of
Fire Department personnel, gasoline, supplies, and other
items directly related to the operation of the Fire
Department).
(C) To the extent there is equipment or buildings that are
used by the Fire Department and by other City
departments or personnel, there shall be a reasonable
allocation of the expenses related to such equipment or
buildings between Fire Department and non-Fire
Department uses, with only the portion attributable to the
Fire Department to be included when determining Net
15-JAN-03 14
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06
Expenditures. Occasional use by other entities (City or
otherwise) or for other purposes such as for a polling
place. SWAT Team exercise facility, or similar occasional
uses that are not inconsistent with Fire Department use,
need not require allocation.
(D) There shall be no allocation to the Fire Department
budget of any general overhead expense of the City other
than as specifically authorized by this agreement. Without
limiting the foregoing, none of the salaries or expenses of
the Mayor, Clerk, Chamberlain, Controller, Planning
Department, Engineering Department, Corporation Counsel,
Public Works personnel, or any other non-Fire Department
employee (other than mechanics, cleaners, or BPW DPW
personnel, who work part-time directly on Fire Department
buildings or equipment and a portion of whose salaries are
properly chargeable to the Fire Department budget
pursuant to subparagraph (8) above) shall be allocated in
whole or in part as an expenditure. No portion of any cost
of general City liability insurance, bookkeeping expenses,
15-JAN-03 15
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06
telephone expenses, or any other cost or expense
chargeable to the City as a whole is to be included in
determining Net Expenditures. In lieu of such expenses,
there shall be included in Net Expenditures a flat
administrative fee calculated as follows: There shall first
be calculated the total of fire department payroll
expenses including benefits and all applicable payroll taxes.
There shall be added to that amount the cost of all
ordinary and routine maintenance, the cost of fuel and all
other expendable supplies, and there shall be subtracted all
revenues received by the Fire Department. The amount so
determined shall be multiplied by 2.75%. The resulting
amount shall be the flat fee for administrative services
and shall be added to, and included in Net Expenditures.
(E) In addition, there shall be included in Net Expenditures
any required debt service payments related to equipment
and/or buildings dedicated solely to Fire Department use,
provided that the debt service relates to bonds or notes
issued for a period equal to the period of probable
15-JAN-03 16
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06
usefulness for the capital item as determined by the Local
Finance Law of the State of New York (presently Section
11.00 of such Local Finance Law), unless the Town
consents to a shorter period.
(F) No depreciation shall be included in the calculation of
Net Expenditures.
(G) Net Expenditures include (1) actual expenses incurred,
and not reimbursed from bonds or other forms of debt, to
pay for equipment (including capital renovations to existing
equipment) and improvements (including renovations or
additions to the Town and City fire stations) and (ll) the
debt service expenses (principal and interest payments)
during the year for any debt incurred to pay for equipment
or improvements purchased during 1995 and subsequent
years of this, or any preceding contract. (I.e. It is the
intention that if equipment is purchased and paid for in
cash during the year, the entire cost of the equipment
shall be the basis of calculations. If equipment is
purchased and paid for by financing over a period of years,
15-JAN-03 17
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06
only the portion of debt paid during the year shall be
considered as part of Net Expenditures. There is included
in Net Expenditures any debt service during the year in
question related to purchases or construction in earlier
years of this or any preceding contract, provided that no
• purchases or construction incurred earlier than 1987 shall
be so included.)
(H) Expenditures out of grants received for purposes that
would not otherwise be authorized expenditures under the
terms of this agreement may nevertheless be included in
Net Expenditures up to the amount of grant revenues
received to cover such expenditures.
(ii) The term "budget" means the budget prepared and
formatted as set forth in this agreement in the form attached
as Exhibit D with review opportunities for the Town, which
includes the revenues and expenditures authorized for inclusion
by the terms of this agreement as the same is adjusted in each
succeeding year as set forth above to reflect the actual
expenses and revenues of each year.
15-JAN-03 18
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06
6. Review of Operating Budget. The City agrees to provide the Town with
the budget proposed to the Mayor by the Fire Department by September 1 ,
of each year, and the Mayor's proposed budget by October 1st, of each year.
The form of the budget shall include, at a minimum, all of the line items set
forth in the Year 2002 budget summary attached as Exhibit C . Any
administrative expense or charge set forth in the budget shall be
substantiated by identifying the specific office or officer performing the
administrative service, the name of the incumbent presently in the office
performing the service, the nature of the service being provided, the cost of
the administrative service, and the rationale for its inclusion as part of the
Fire Department budget if the individual performing the service is other than
one of the staff referred to in paragraph 13 below. No administrative
expense resulting from services performed by persons other than the staff
referred to in paragraph 13 shall be included in Net Expenditures unless the
Town so consents. The Town Board shall have the opportunity to provide
input to the Mayor and Council during the balance of the budget deliberation
process. The Town shall be notified of, and have the opportunity to attend
and participate in the various budget meetings which may be held to develop,
review and approve the Fire Department's capital and operating budgets.
15-JAN-03 19
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06_
The Fire Chief shall provide notice of such meetings as soon as they are
scheduled. The Fire Chief and City Controller will be available to provide
assistance during this review process.
7. Approval of Capital Budgets. The parties agree that capital
renovations in excess of $100,000 per project or aggregating in excess of
$200,000 per annum, and new station construction, shall be accomplished
within a capital budget for each project. The budgets shall be approved by
the appropriate governing body of each municipality prior to commitments
for construction or financing of any of such projects by the City. For the
purposes of this agreement a "capital" expenditure or renovation shall mean
any improvement of a capital nature having a period of probable usefulness
set forth in Section 11 of the Local Finance Law.
8. (a) Payment of Fire Department Expenses. No Fire Department
expenses shall be paid out of any of the funds paid by the Town
hereunder except upon approved voucher or other similar document
approved by the Board of Fire Commissioners in advance of payment.
Nothing in this section is intended to preclude blanket authorization
from such Board for ongoing repeated expenses such as salaries,
utilities, gasoline, etc. No payments out of any funds paid by the Town
15-JAN-03 20
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06
hereunder shall be authorized in any budget line in excess of the
amount so budgeted until the budget has been amended and the
amendment approved by the Board of Fire Commissioners. Without
limiting any other remedy of the Town, if payments are made in
violation of this provision, the Town may withhold future installments
until there is compliance with this provision.
(b) Maximum Equipment Expenditures. Expenditures in any year
for new equipment shall not exceed $200,000 absent the mutual
agreement of the parties hereto prior to commitments for such
purchases and financing of same.
9. New-Fire Stations in Town. Manner of Title. Lease, Reimbursement.
Title to the land fOF the new statiens was takeen in the name ef the Tewn
Title to the land for the existing fire stations located on South Hill and West
Hill in the town was taken in the name of the Town and then leased by the
Town to the City by a Lease Agreement dated July 14, 1989. The lease is
for 30 years at the rate of $1 .00 per year, provided that the lease shall
terminate upon termination of this contract and payment by the Town of any
remaining City indebtedness on the premises. Title to the two new stations
constructed in the Town was taken in the name of the City. Should this
15-JAN-03 21
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06_
agreement terminate at any time for any cause, (including a breach by the
Town) upon termination the City will convey whatever interest it has in and
to the land and the two stations in the Town or other entity asset upon
the Town. b,)-- Upon conveyance, the Town shall:
(a) reimburse the City for its 30% of the construction expenditures
for said stations paid by the City during the duration of this and prior
agreements; and
(b) pay to the City any remaining unpaid debt service obligations of the
City relating to the stations.
There shall be credited to the amounts owed from the Town to the City
the 24-2630% contributions made by the Town to the City for the renovations
of existing stations within the City limits.
The City shall convey its interest in said stations located within the
Town to the Town by such instruments as the attorneys for the Town may
reasonably require, such conveyance to be made within 30 days of demand
for same, provided that such conveyance by the City is not illegal. If illegal,
the City will immediately take all necessary steps to remove any legal
impediment and will convey such stations as soon as such impediments are
removed. In any event, the City will within ten days of demand for same by
15-JAN-03 22
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06 _
the Town, and pending legal title transfer, deliver immediate possession and
occupancy of such stations so that the Town or any entity (such as a fire
company) may occupy and use same immediately for fire protection and
emergency medical service purposes. Such use and occupancy shall be
granted without any further compensation from the Town to the City. In the
event of any breach of the obligations to convey or to grant immediate
occupancy the Town may seek specific performance in addition to any other
remedies available to the Town under law.
For purposes of Section 3 of the Lease, this Agreement shall be
considered a renewal of the Fire Contract referred to in such section so that
for the purposes of the Lease there has been no termination of the Fire
Contract which would require termination of the Lease.
10. The City as the lessee of the real property underlying e-€
the South Hill (Station 5) and West Hill (Station 6) fire stations shall provide
adequate insurance coverage for the property and buildings during the
duration of the lease. The cost of the insurance shall be included in the
annual operating budget. The City shall name the Town as an additional
insured on said coverage.
11 . Equipment Reimbursement Upon termination of the agreement
15-JAN-03 23
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06
for any cause the Town shall be entitled to receive 27-Wa 30% of those items
of equipment which originally cost $25,000.00 or more, or 27-W,,- 30% of the
dollar value of such equipment purchased by the City during the term of this
agreement reduced by the depreciation on such equipment. For this purpose
equipment so purchased shall be depreciated on a straightline basis over
fifteen years assuming a 20% residual value. To the extent feasible the
equipment to be transferred to the Town will be the equipment located in the
stations to-be located within the Town. Such conveyance shall be by such
appropriate documentation such as bills of sale, vehicle registration, etc. as
may be reasonably required by the attorneys for the town. If the City fails
to transfer such items, the Town may seek specific performance in addition
to any other remedies available to the Town under law.
12. Contributions from Tax Exempt Entities. The City agrees to share
the total cash contribution made by Cornell University and Ithaca College for
fire protection and emergency medical services on the basis of the
percentage share of operating expenditures paid each year of this
agreement. Any amounts received from Cornell University as per the
Memorandum of Understanding (MOU) dated 10/05/95 between the City and
Cornell University, or other subsequent agreement, or Ithaca College in the
15-JAN-03 24
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06
future shall be applied in reduction of the Fire Department's operating
budget. Additionally, elected representatives from the City and the Town
agree to meet regularly to continue joint discussions with Cornell University
and Ithaca College in the interest of deriving a contribution, be it monetary,
in kind, or a combination thereof, in a direct relation to the fire services
provided to those institutions. It shall be the responsibility of the elected
representatives to report the results of the discussions to-their respective
governing bodies. It is also understood that any in kind contributions from
tax exempt entities will accrue to the direct benefit of the cost of operating
fire protection services (i.e., said amounts should be used to reduce the
operating budget for purposes of calculating the costs of the parties),
without any apportionment between the town and City.
13. Staffing Levels. The number of paid career personnel in the fire
department used as a basis for determining shared costs under this
agreement is 51 firefighters, 8 lieutenants, 5 assistant chiefs, 1 deputy
chief, 1 chief, 1 fire alarm superintendent, 1 administrative secretary,
1 administrative assistant-
financial, and 1 half-time account clerk typist (20 hrs.), (total of 7-4
69.5 positions). In the event that additional positions
15-JAN-03 25
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06 _
are approved by the City, such positions andler peFsennel must be
approved by the parties hereto and made an amendment to this Agreement
in order to be considered as a shared cost. Should the City choose to add
any positions which are not deemed by both parties to be
beneficial to both parties, all costs relating thereto would be borne solely by
the City. Should the Town request the addition of any paid positions or paid
career personnel which are not agreed by both parties to be beneficial to
both parties, all costs relating thereto would be borne solely by the Town.
Unless the Town agrees to a lesser level of staffing, the City agrees that
each of the two fire stations to be located in the Town of Ithaca will be
staffed in the same manner as individual stations in the City.
14. Expansion and Town Representation on Fire Commission. The total
membership of the Board of Fire Commissioners shall be 5, two of which shall
be representatives of the Town of Ithaca Fire Protection District appointed
by the Mayor of the City from names recommended by the Town Board of
the Town of Ithaca. No persons shall be appointed as the Town
representatives unless recommended by the Town Board.
15. Indemnity. The City shall hold the Town harmless for all claims by
third parties with regard to personal injury, wrongful death and for property
15-JAN-03 26
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06_
damage arising out of any act or negligence of the City, its officers or
agents, for answering such calls in the Town, such indemnity to include
reasonable costs of defending such claims, including attorneys fees. The
obligation to indemnity shall survive termination of this Agreement whatever
the cause of such termination. Indemnification shall be provided for all acts
occurring during the term of this Agreement. (e.g.: the City shall provide
such indemnification for any claims made with respect to actions by the City
prior to the termination of this Agreement even if the claim itself is not
made until after termination of the Agreement).
16. Exculpation. Nothing herein contained shall be deemed to limit in
any lawful way any lawful right of the Board, the City, the Town, or any
member of the Ithaca Fire Department provided by the general statutes of
the State of New York, provided that this provision shall not be deemed to
abrogate or modify any rights or obligations provided for in this agreement.
17. Authority of Chief. It is specifically understood and agreed that
the number of personnel, the amount and type of apparatus and equipment
dispatched in answer to a fire call or to an emergency medical services call,
the manner of fighting the fire, or handling the medical services, and other
operations upon the scene of the fire or medical emergency, are matters
15-JAN-03 27
x T
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06
within the judgment of the Fire Chief of the City of Ithaca Fire Department
(the "Chief") or his designees and there shall be no liability or responsibility
whatever upon the Board or the City of Ithaca for any failure, act or
omission in connection therewith, subject to the provisions of paragraph 15
and further subject to the understanding that the City and its officers shall
use sound professional judgment based on generally accepted standards in
the provision of its fire protection, emergency medical, emergency, and non-
emergency services provided pursuant to this Agreement. The word "Chief"
shall mean the person duly appointed to that office in the Ithaca Fire
Department by the Mayor of the City.
18. Payment of moneys from Foreign Insurance Companies. The Town
agrees to pay over to the City the percentage collected by or received by
the Town from foreign insurance companies writing property insurance in the
area protected for the benefit of the Ithaca Volunteer Firemen's Relief Fund,
or its successor, as required by law.
19. Upon 60 day written notice by either party of a need for a
modification, the parties may agree to re-enter negotiation for the purpose
of making such change or modification as may be agreed upon.
20. The Town reserves the right to cause an audit of City accounts
15-JAN-03 28
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06
related to this agreement on demand. If an overpayment error equal to or
exceeding 5% of the Town's share is not found after final settlement-eaeh
of the preceding year, such audit shall be done at the expense of the
Town. If an overpayment error equal to or exceeding 5% of the Town's
contract share is found after final settlement e-a-e h of the preceding
year, the City shall pay for such audit. (An overpayment error in this
context is defined as a calculation of the Town's contribution that resulted,
or would have resulted, in an overpayment by the Town.)
21 . Building Code Enforcement. The parties agree that each party
shall have the respective rights, obligations, and duties with respect to
enforcement of the Uniform Fire Prevention and Building Code set forth in
d:. Exhibit E.
22. Notwithstanding any other provision contained herein, either party
may terminate this agreement as of the end p AM calendar year by
iq ving written notice of such intention to terminate to the other party to be
received by the other party at least one full calendar year prior to the date
of intended termination.
23. Written Notice. In those cases where written notice
15-JAN-03 29
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06
must be provided, in the case of the Town, such notice shall be
made to the Town Supervisor. In the case of the City„ such notice
shall be made to the Fire Chief who shall notify the Mayor and
Chair of the Board of Fire Commissioners.
15-JAN-03 30
City-Town of Ithaca Fire Contract 01/01/02 - 12/31/06
Instrument to be executed by their duly authorized officers as of the day
and year first above written.
CITY OF ITHACA
-------------------------------------- ------------------
Mayor Date
TOWN OF ITHACA
-------------------------------------- ------------------
Town Supervisor Date
BOARD OF FIRE COMMISSIONERS
-------------------------------------- ------------------
DATE
STATE OF NEW YORK
COUNTY OF TOMPKINS
On the day of 2003, before me personally came Alan
J. Cohen, Mayor of the City of Ithaca, Catherine Valentino, Supervisor of the
Town of Ithaca, and Robert S. Romanowski, Chairperson of the Ithaca Board
of Fire Commissioners, to me personally known, and known to me to be the
individuals described in, and who executed the foregoing instrument, and
severally they duly acknowledged to me that they executed the same.
-------------------------------
Notary Public
15-JAN-03 31
1 �
Proposed resolution: A — e Center
Whereas,on August 7, 2002, Common Council established Capital Project#461 in the amount of
$25,000 to support development of a proposed Nautical Emergency Response Center,which would be
located on Cayuga Lake; and
Whereas,this facility would enhance local marine safety by providing a joint base of response for local
emergency response agencies, including the Ithaca Fire Department, and improving facilities for local
water safety training;and
Whereas,at the time of this capital project was approved,the City Controller indicated that the project
could be amended to expand the amount once additional funding was received; and
Whereas,the Ithaca Fire Department, in its ongoing search for additional funding from various public and
private sources, has received a grant commitment from Lockheed Martin Corporation, which will award
$25,000 over the next five years to support this project;and
Whereas,the initial installment of$5,000 under this grant was received on December 23,2002; now,
therefore, be it q
an
RESOLVED that Common Council hereby amends Capital Project#461 t $50,000 °F
and authorizes the City Controller to transfer funds received for this project to this capital accountr t4
TLu.,�'- a d.d�1i 2 u�o ti �w1 a t l �e C�n �.►. q►a,q
�-ES�Lu 6►�� n
Proposed resolution: Amendment of Capital Project#461 — Nautical Emergency Response Center
Whereas, on August 7, 2002, Common Council established Capital Project#461 in the amount of
$25,000 to support development of a proposed Nautical Emergency Response Center,which would be
located on Cayuga Lake;and
Whereas, this facility would enhance local marine safety by providing a joint base of response for local
emergency response agencies, including the Ithaca Fire Department, and improving facilities for local
water safety training;and
Whereas, at the time of this capital project was approved,the City Controller indicated that the project
could be amended to expand the amount once additional funding was received; and
Whereas, the Ithaca Fire Department, in its ongoing search for additional funding from various public and
private sources, has received a grant commitment from Lockheed Martin Corporation, which will award
$25,000 over the next five years to support this project;and
Whereas,the initial installment of$5,000 under this grant was received on December 23, 2002; now,
therefore, be it
RESOLVED that Common Council hereby amends Capital Project#461 to expand its amount to$50,000
and authorizes the City Controller to transfer funds received for this project to this capital account.
Fire Deoartment Nautical Response Center CP 461
Authorization: Amount Source
8/6/2002 CC Regular Meeting $25,000.00 NYS Member Item Aid
$25,000.00 Lockheed Martin Grant
Total Authorization 50,000.00
Expenditures:
Date Payee PO Voucher Amount Comment
9/1012002 George E Frantz&Associates $ 660.00 Professional services for design of center to 6/15/02
City of Ithaca Fire Department $ 2,195.50 Administration to 7/15/02 to A3410-510512050$742,A3410-512512050$1453.50
12131/2002 George E Frantz&Associates $ 660.00 Professional services for design of center 6/15/02 to 11/15/02
Total Expenditures to date $ 3,515.50
Balance of Authorization $46,484.50
Funds Received To Date:
8/16/2002 NYS Department of State $ 2,855.50 LMI M000183-1
12/31/2002 Gift Lockheed Martin $ 5,000.00
CITY OF ITHACA
310 West Green Street Ithaca, New York 14850-5497
OFFICE OF THE FIRE CHIEF
Telephone: 607/272-1234 Fax: 607/272-2793
MEMORANDUM
TO: Budget and Administr tion Committee
FROM: Marcia E. Lynch
Director of Develop ent
DATE: January 23, 2003
SUBJECT: Proposed Amendment of Capital Project:
Nautical Emergency Response Center
We ask the committee to consider at its meeting of January 29, 2003 the attached proposed
resolution to amend Capital Project#461, which was approved last August by Common Council
to support development of the proposed Nautical Emergency Response Center on Cayuga Lake.
Council authorized this capital project at$25,000,which reflected financial commitments in hand
at that time. Since then, Lockheed Martin Corporation has committed to provide an additional
$25,000 to support this project, which will be awarded in$5,000 increments over the next five
years. (See award letter attached.) The initial installment of$5,000 was received on December
23, 2002.
In light of this additional financing, we propose that this capital project amount be expanded to
$50,000. We will be at the meeting to answer any questions you have.
"An Equal Opportunity Employer with a commitment to workforce diversification." Zhu
Jan-23-03 15:00 ITHACA FIRE DEPARTMENT 607 272 2793 P _02
Lmc hecd Martin
Naval Elccaronics&Surveillance Systems-Syracusc
Yost Officc Box 484(( Syracuse,NY 13221-4840
� ocxH � EO � a R rriv
September 27, 2002 VECE"
OCT 1 7-00, �
Marcia E. Lynch
Director of Development
City of Ithaca
310 West Green Street
Ithaca, NY 14850-5497
Dear Marcia:
I have carefully reviewed the proposal for the Nautical Emergency Response Center
and am pleased to tell you that Lockheed Martin Naval Electronics & Surveillance
Systems-Radar Systems in Syracuse will provide a grant to fund the Center for a total of
$25,000, payable over five years in $5,000 increments. You have our best wishes and
hopes for success with this very worthwhile project.
Please contact me with any questions and feel free to invoice us at your convenience
during the calendar year.
Sincerely,
ln'4�_a
Ellen Mitchell
Director, Communications & Public Affairs
01/23/03 THU 15:10 [TX/RX NO 50301 Z 002
CITY OF ITHACA--UNRESTRICTED/RESTRICTED CONTINGENCY ACCOUNT SUMMARY 2003
- - — - A1990
UNRESTRICTED
_ CONTINGENCY
BALANCE UNRESTRICTED CONTINGENCY 1/29/03 $90.000.00
_ RESTRICTED
CONTINGENCY
Salary Increase for Management near retirement Council $5,000.00
Funds for Clerks Office Stipends for new records positions Council $1,375.00
Funds for layoffs related to 2003. Bu_d_get_t_o 2/1/03 Council $34,569.00
Council $0.00
Council $0.00
Council $0.00
Council $0.00
Work Environment Task Force Po100900 A1430-5700 Council $22,400.00
BALANCE RESTRICTED CONTINGENCY 1/29/03 63.34Q
BALANCE UNRESTRICTED/RESTRICTED CONTINGENCY 1/29/03 $153,344.0 0
February COUNCIL PROPOSED RESOLUTIONS:
- — -- - - -- $0.00
$0.00
- - - - $0.00
- -- - - _ $0.00
$0.00
$0.00
$0.00
0.00
Balance Unrestricted Contingency after February Proposed Resolutions $90.000.00
CITY OF ITHACA--UNRESTRICTED/RESTRICTED CONTINGENCY ACCOUNT ACTIVITY 2003 1/29/2003
COUNCIL TYPE OF CONTINGENCY _ ACCOUNT
MONTH AMOUNT CONTINGENCY TITLE DESCRIPTION TRANSFERRED TO
Jan-03 No Activi
Feb-03 $0.00 RESTRICTED Council
Mar-03 $0.00 UNRESTRICTED
$0.00 RESTRICTED
Apr-03 $0.00 UNRESTRICTED _
$0.00 UNRESTRICTED
$0.00 UNRESTRICTED
Ma -03 $0.00 UNRESTRICTED
$0.00 - -
$0.00
Jun-03 $0.00 UNRESTRICTED _
$0.00 UNRESTRICTED
Jul-03 $0.00 UNRESTRICTED _
$0.00 UNRESTRICTED
$0.00 RESTRICTED
$0.00
$0.00 - - - -
Aug-03 $0.00 UNRESTRICTED
$0.00 UNRESTRICTED
$0.00 ---
$0.00
$0.00
- $0.00
Sep-03 $0.00
Oct-03 $0.00
Nov-03 $0.00 UNRESTRICTED
$0.00 RESTRICTED Council
$0.00 RESTRICTED
$0.00 RESTRICTED Council
$0.00
$0.00 - -- -- - -
Dec-03 $0.00 RESTRICTED Council
_$0.00 RESTRICTED Council
$0.00
SUMMARY AMOUNT
UNRESTRICTED CONTINGENCY $0.00
RESTRICTED CONTINGENCY 0.00
TOTAL
^1
rte'
Department of Planning and Development
Discussion of Commons Lighting -- Capital Project 386. Bids for this project will open on
January 28, 2003. Information concerning the possible need for additional funds will be made
available at the Budget and Administration Committee meeting on January 29, 2003.
CITY OF ITHACA
G�� °''•!t 108 East Green Street Ithaca, New York 14850
6 -
_.. ..........`� OFFICE OF THE CITY CLERK
APo� O Telephone: 607/274-6570
MEMORANDUM
To: Budget & Administration Committee
From: Julie Conley Holcomb, City Clerk
Date: January 6, 2003
Subj: Code of Ethics Legislation
On January 6, 2003, City Attorney Norma Schwab and I received a letter from
Tompkins County Board of Representatives member Dooley Kiefer, Chair of the
Ethics Advisory Board. Attached to this letter was a list of recommendations for
improving the City's financial disclosure forms and procedures offered by the
Tompkins County Ethics Advisory Board. It was unclear to us whether you
received the same information or not, and decided to err on the side that
duplication was preferable to no information.
After a brief discussion with Norma, she suggested that these recommendations
be forwarded to the Budget & Administration Committee for future consideration,
as this is an administrative matter and will require legislative amendments.
Both Norma and I would be happy to work with either the full committee or a sub-
committee at your request, to ensure that future legislation and procedures are
both thorough and practical.
Please feel free to contact me if you have any questions or concerns.
cc: City Attorney
City.. Controller
"An Equal Opportunity Employer with a commitment to workforce diversification." �«}
INS ('
BOARD S NATIVES
Co se -'1 50
Telephone: 07) ax: 07)274-5430
'�.bo�p ips�co g
y �6?R
TO: Julie Holcomb, City of Ithaca Clerk
FROM: Dooley Kiefer, Chair
Ethics Advisory Board
DATE: January 2, 2003
RE: Financial Disclosure Recommendations
As part of our deliberations concerning Joseph Wetmore's complaint against Mayor Alan
Cohen and Alderman Edward Hershey, we had detailed discussion of the City's Financial
Disclosure forms and procedures. We believe certain changes in the forms will make
them much more useful, and fleshing out procedures will promote better disclosure. We
offer the attached recommendations for City consideration. Please feel free to contact me
if you have any questions.
�a Recycled paper
RECOMMENDATIONS FOR IMPROVING CITY OF ITHACA'S
FINANCIAL DISCLOSURE FORMS AND PROCEDURES
OFFERED BY THE TOMPKINS COUNTY ETHICS ADVISORY BOARD
DECEMBER 31, 2002
1. We recommend that any municipal official who has any financial relationship with an individual
or entity that is the subject of any municipal decision disclose the financial relationship.
2. While the City Clerk currently notifies officials annually of their responsibilities to file their
disclosure statements, this is a voluntary action on the Clerk's part. We strongly recommend that
the City establish a clear procedure to ensure that financial disclosure forms are completed and
filed in a timely manner.
3. We recommend the City designate an official to review annual disclosure forms and call
shortcomings to the attention of the person filing.
4. We recommend a City official be designated to answer questions about conflict and disclosure
matters and a record be kept of the official's advice.
5. We recommend the City consider adding a section to its disclosure forms regarding employment
and/or business ownership by a city official and members of the official's family, a section
regarding any relationships with individuals or entities doing business with the City,and a section
disclosing ownership of property within the City by the official and/or members of the official's
family.
6. We observe that the City Code of Ethics does not establish any procedure for imposing penalties
or state what body of the City would be responsible for imposing penalties. We recommend that
the law be revised to address more adequately that issue.
7. We recommend that the City consider some mechanism to receive written complaints from
citizens alleging ethics violations by municipal officers.
Resolution to Defend the Civil Rights and Liberties of the People of Ithaca
Whereas, the City of Ithaca is home to a diverse population,
including citizens of other nations, whose contributions to the
community are vital to its character and function, and
Whereas, the City of Ithaca has a long and distinguished history
of protecting and expanding civil rights and civil liberties,
and has often been a haven for citizens of the United States
and other nations when rights and liberties are threatened, and
Whereas, the Common Council of the City of Ithaca affirms its
strong opposition to terrorism, but also affirms that efforts to
end terrorism should not disproportionately infringe on the
essential civil rights and liberties of the people of Ithaca,
and
Whereas, the City of Ithaca and its citizens are governed by the
United States Constitution, including the Bill of Rights, and
the New York State Constitution, and
Whereas, the Bill of Rights of the United States Constitution
guarantees those living in the United States the following
rights :
• freedom of speech, assembly and privacy;
• protection from unreasonable searches and seizures;
• due process in judicial proceedings and access to counsel;
• protection from cruel and unusual punishment; and
• equality before the law and the presumption of innocence;
and
Whereas, in response to the tragic events of September 11, 2001,
the United States Congress passed the USA PATRIOT Act, which was
signed into law by President George W. Bush on October 26, 2001,
and
Whereas, many residents of Ithaca, surrounding communities, and
other communities across the nation are concerned that the USA
PATRIOT Act threatens the civil rights and liberties of
citizens of the United States and other nations by:
• greatly expanding the government ' s ability to secretly
enter homes and offices to conduct searches without
warrants;
• significantly reducing judicial supervision of telephone,
e-mail and Internet surveillance;
• granting law enforcement officials broad access to
sensitive medical, mental health, business, financial,
educational, and other records about individuals without
first showing probable cause or evidence of a crime;
• expanding the authority of law enforcement officials to
obtain from libraries and bookstores any records of books
that a person has borrowed or purchased, and prohibiting
librarians and employees from disclosing that they have
been ordered to produce such records;
• granting unchecked power to the U. S . Secretary of State to
designate domestic groups, including religious and
political organizations, as "terrorist organizations" ;
• creating a crime of "domestic terrorism" that is so vaguely
defined it could be applied to political activism and lead
to the criminalization of legitimate political dissent;
• granting power to the U. S . Attorney General to subject
immigrants to indefinite detention or deportation, even if
they have not committed a crime; and
• allowing the CIA to have access to sensitive information
gathered during criminal investigations; and
Whereas, the civil rights and liberties of all Americans are
further threatened by orders and rules of the executive branch
that :
• establish secret military tribunals for terrorism suspects;
• authorize eavesdropping on confidential communications
between lawyers and their clients in federal custody;
• allow the government to designate citizens as "enemy
combatants" and place them in military custody indefinitely
without access to counsel or judicial review;
• remove Justice Department regulations against covert,
illegal counter-intelligence operations by the FBI that in
the past targeted domestic groups and individuals;
• limit the disclosure of public documents and records under
the Freedom of Information Act; and
Whereas, the Common Council of the City of Ithaca recognizes
that excessive infringement on the constitutionally guaranteed
rights of any person is an abuse of power, a breach of the
public trust, and beyond the scope of governmental authority,
and
Whereas, a growing number of communities around the country have
resolved to support and defend the civil rights of their
residents, now, therefore, be it
RESOLVED, that the Common Council of the City of Ithaca affirms
its strong support for fundamental constitutional rights and its
opposition to federal measures that infringe on civil liberties,
and be it further
RESOLVED, that, to the greatest extent legally possible, no City
of Ithaca employee or department, or employee of any City
agency, shall be required to cooperate with investigations,
interrogations, surveillance, or arrest procedures, public or
clandestine, that are judged to be in violation of individuals '
civil rights or civil liberties as specified in the Bill of
Rights and the Fourteenth Amendment of the United States
Constitution, and be it further
RESOLVED, that the City of Ithaca requests that the U. S .
Attorney' s Office, the Office of the Federal Bureau of
Investigation, the New York State Police, and any other Federal,
State and local law enforcement officers with any such
information report publicly each month to the City of Ithaca
Common Council and the Tompkins County Human Rights Commission
the extent and manner in which they have acted under the USA
PATRIOT Act and new Executive Orders, including but not limited
to disclosing:
• the names of any detainees held in the area, or any City of
Ithaca residents detained here or elsewhere, and the
circumstances that led to the detention;
• the charges, if any, lodged against each detainee;
• the name of Counsel , if any, representing each detainee;
• the number of search warrants that have been executed in
the City of Ithaca without notice to the subject of the
warrant pursuant to §213 of the USA PATRIOT act;
• the extent of electronic surveillance carried out in the
City of Ithaca under powers granted in the USA PATRIOT Act;
• the extent to which federal authorities are monitoring
political meetings, religious gatherings, or other such
activities within the City of Ithaca;
• the number of times education records have been obtained
from public schools and institutions of higher learning in
the City of Ithaca under §507 of the USA PATRIOT Act;
• the number of times library records have been obtained from
libraries in the City of Ithaca under §215 of the USA
PATRIOT Act;
• the number of times that records of the books purchased by
store patrons have been obtained from bookstores in the
City of Ithaca under §215 of the USA PATRIOT Act; and
• subpoenas issued to Ithaca citizens through the United
States Attorney' s Office without a court' s approval or
knowledge; and be it further
RESOLVED, that the City of Ithaca requests that United States
Senators Charles Schumer and Hillary Clinton and United States
Representative Maurice Hinchey monitor the implementation of the
USA PATRIOT Act and the associated orders and rules of the
executive branch and actively work for the repeal of those
portions of the Act and those orders and rules that violate the
rights and liberties guaranteed by the United States
Constitution, and be it further
RESOLVED, that the City Clerk communicate this resolution to all
City departments and employees, New York State' s Congressional
Delegation, the Governor and Attorney General of the State of
New York, the local U. S . Attorney' s office, the local office of
the Federal Bureau of Investigation, the New York State Police,
the United States Attorney General, and the President of the
United States .