HomeMy WebLinkAbout02-23-11 City Administration Committee Meeting AgendaCITY ADMINISTRATION COMMITTEE
Wednesday, February 23, 2011
7:00 PM
COMMON COUNCIL CHAMBERS
AGENDA
1. Chairperson Greeting & Opening Statement
2. Announcements
3. Agenda Review and Amendments
4. Approval of Minutes
5. Statements from the Public
6. Employee Comments
7. Common Council Response
8. Workforce Diversity Committee
9. Safety Committee
10. Diversity Actions Report
Human Resources - February
Controller’s Office - March
Chamberlain’s Office - April
Attorney’s Office - May
Information Technology - June
Clerk’s Office - July
Police Department - August
11. IURA
11.1 Establish Capital Project for Ithaca Falls Overlook Investigation and Remediation
Project – Resolution
11.2 Downtown Housing Market Study Funding Request - Resolution
12. Information Technology
12.1 Policy Regarding Appropriate Use of Computer, Network and Phone Resources -
Resolution
13. Department of Public Works
13.1 Intersection Bulb-outs on West Green & West Seneca Street - Resolution
13.2 Master Agreement for Floral Avenue Multi-Use Facility - Resolution
13.3 Master Agreement for Traffic Signal Upgrade Phase II - Resolution
14. Planning and Development
14.1 Establishment of Trust Fund for Martin Luther King Jr. Freedom Walkway –Resolution
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CITY ADMINISTRATION COMMITTEE
Wednesday, February 23, 2011
Continued
15. Attorney’s Office
15.1 Proposed amendment of City Code Section 146-50 (Penalties for violation of Building
Code), to remove possible jail sentence - Resolution
15.2 A Local Law to Amend the Charter of the City of Ithaca, Section C-10 (“Election and
terms of office of Mayor, Judge and Council members”), to provide for certain two-
year terms following the federal census in conjunction with the possible redistricting of
City wards - Resolution
15.3 Approval of Agreement between Village of Cayuga Heights and the City for Building
Inspection Services - Resolution
16. Police Department
16.1 Request to Amend 2011 Budget – Resolution
17. Human Resources
17.1 Request For Extension of Supplemental Military Leave Benefits - Resolution
17.2 Amendment to Personnel Roster – Human Resources Department
17.3 Request To Transfer Funds From Unrestricted Contingency - Resolution
17.4 Director’s Report
18. Finance/Controller’s Office
18.1 Controller’s Report
19. Reports
19.1 Mayor’s Report
19.2 Sub-Committee Updates
19.3 Council Members’ Announcements
19.4 Next Month’s Meeting: March 30, 2011
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11. IURA
.1 Establish Capital Project for Ithaca Falls Overlook Investigation and Remediation
Project
WHEREAS, the City of Ithaca (City) executed a State Assistance Contract (SAC) with the New
York State Department of Environmental Conservation for $700,200 through the Environmental
Restoration Program (ERP) for the City-owned Ithaca Falls Overlook site, and
WHEREAS the 0.95 acre Ithaca Falls Overlook site adjoins the former Ithaca Gun factory
building and extends from Lake Street North over the raceway to an overlook of Ithaca Falls, and
WHEREAS, capital project funding will be used to conduct an investigation to determine the
nature and define the limits of contamination both on-site and off-site and devise alternative
strategies to remediate environmental contamination for a future public park use and facilitate
private-sector redevelopment of the adjoining former Ithaca Gun factory site, and
WHEREAS, the project is also anticipated to include interim remedial measures to remove
existing sources of contamination, including subsurface lead contamination, and
WHEREAS, the ERP program provides 90% reimbursement for eligible on-site expenses and
100% reimbursement for eligible off-site expenses, and
WHEREAS, the estimated total project cost is $778,000, and
WHEREAS, the 10% local match ($77,800) has been pledged to the City by the redeveloper of
the former Ithaca Gun factory site, Travis and Travis Development, LLC per a public/private
redevelopment agreement executed on September 25, 2007, and
WHEREAS, the investigation phase of the ERP qualifies as a Type II action under the City of
Ithaca Environmental Quality Review Ordinance at §176-5(C)(17):
“Information collection, including basic data collection and research, water quality and pollution
studies, traffic counts, engineering studies, surveys, subsurface investigations and soils studies
that do not commit the agency to undertake, fund or approve any Type I or unlisted action”, and
WHEREAS, should the site investigation recommend undertaking any interim remedial
measures to remove source contamination, such action shall undergo a separate environmental
review; now, therefore, be it
RESOLVED, That the Common Council hereby establishes Capital Project # 768 Ithaca Falls
Overlook Investigation & Remediation in an amount not to exceed $778,000 for the purpose of
accounting for project expenses to be reimbursed from the ERP program and Travis and Travis
Development, LLC, and be it further
RESOLVED, That funds needed for said Capital Project be derived from the issuance of bonds
or the advance from the General Fund with later repayment from the ERP and Travis
Development.
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11. IURA
.2 Downtown Housing Market Study Funding Request
WHEREAS, the Downtown Ithaca Alliance (DIA) proposes to commission a comprehensive
housing market study for downtown and center city, and
WHEREAS, the DIA has received a proposal to conduct such a study from the Danter Company,
a nationally renowned housing market research firm specializing in residential market studies,
and
WHEREAS, the study will provide an analysis of the overall demand for market-rate and
affordable multi-family apartments and condominiums in the downtown area by rent/sales price,
unit mix, unit size and absorption rate, and
WHEREAS, the study will additionally analyze the impact on housing demand if an enhanced
public transportation system connecting downtown to Cornell University and Ithaca College
were developed, and
WHEREAS, the cost of the study is $12,250, and
WHEREAS, the DIA has committed $5,250 toward the study, and seeks match funding from
Tompkins County, City of Ithaca, Cornell University and Ithaca College, and
WHEREAS, the DIA requests $2,000 in funding from the City of Ithaca for this housing market
study, and
WHEREAS, the 2011 City of Ithaca budget includes $167,000 in the unrestricted account, and
WHEREAS, the results of the study will assist the public and private sector in developing
housing in the downtown area that would meet market demand, assess the impact on housing
demand of developing an enhanced public transit system, and provide baseline housing data for
development of the City’s Comprehensive Plan Update; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council does hereby authorize the City
Controller to make payment of an amount not to exceed $2,000 to the Downtown Ithaca Alliance
for a portion of the cost of a downtown housing market study to be conducted by the Danter
Company, and be it further
RESOLVED, That funding for this expense shall be transferred from Account # A1990 –
unrestricted contingency to Account A1010-5435 Common Council contracts.
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12. Information Technology
.1 Policy Regarding Appropriate Use of Computer, Network and Phone Resources
WHEREAS, the Department of Information Technology has collaborated with City staff as a
whole to develop a policy regarding the appropriate use of computer, network and phone
resources; now, therefore, be it
RESOLVED, That Common Council hereby adopts the “Policy Regarding Appropriate Use of
Computer, Network and Phone Resources” dated February 2, 2011.
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Policy Regarding Appropriate Use of Computer, Network and Phone Resources
City of Ithaca
Draft
2/15/11
1.0 Overview
The City of Ithaca is committed to protecting the City's employees, partners and the municipality
from illegal or damaging actions performed knowingly or unknowingly by individuals while
using the City’s computer, network, and phone resources. Such resources include but are not
limited to computer equipment, phone equipment, cell phones, software, operating systems,
storage media, electronic mail, World Wide Web browsers, and file transfer tools. These
resources and/or related licenses are the property of the City and are to be used only for business
purposes in serving the interests of the City, its partners and its customers, with the exception of
allowable incidental personal use. It is the responsibility of every user of a City computer,
network, or phone resource to know this policy, and to conduct activities accordingly.
Note that the usage of the term “network” throughout this document refers to all wired and
wireless data and communication networks owned or leased by the City that constitute the City’s
Institutional Network, or that connect to the City’s Institutional Network either directly via a
network interconnection or indirectly via a device that resides within the City’s Institutional
Network.
2.0 Definitions
Term Definition
Denial of Service Preventing legitimate users of a service from using that service.
Forged Routing Routing information which is misleading or incorrect or which
Information would tend to disguise the origin of the routed material. Usually refers to
information that is not generated by any routing device (such as a mail
server), but is inserted by a party using software which is designed to
produce false routing information (headers in the case of E-mail). Can
provide unauthorized access to a computer resource or generate denial-of-
service attacks.
Log in or login To gain secured access to a computer, or to a resource accessed through a
computer, by use of credentials assigned. Typically, credentials consist of a
user name or account name, and an associated password.
Log off or logoff To discontinue secured access to a computer or to a resource accessed
through a computer.
Malware Any computer code created and distributed for malicious purposes.
Network Sniffing A process of observing all of the traffic flowing into and out of a computer
attached to a network. Similar to eavesdropping on a phone line.
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Packet Spoofing One of the most common forms of on-line camouflage that allows an
attacker to gain unauthorized access to a computer or a network.
Pinged Flood A simple type of denial-of-service attack.
Pop-up A form of web advertising or dialog box that appears in a new window.
Port Scanning Probing a computing resource that is connected to the network to discover
information about its access points. Hackers use this method to test for
possible weaknesses.
Security Scanning A means of testing a network for security vulnerabilities.
Spam Unauthorized and/or unsolicited electronic mass mailings.
3.0 Purpose
The purpose of this policy is to set forth the acceptable use of computer, network, and phone
resources of the City of Ithaca. The goals are to protect the user and the City, to facilitate
excellent service to the community, and to ensure the appropriate use of taxpayer funds.
Inappropriate use of these resources exposes the City to risks including malware attacks;
unauthorized access to City computer, network, and phone resources; and legal consequences.
4.0 Scope
This policy applies to all employees, contractors, consultants and other workers in the City,
including all personnel affiliated with third parties, who access any computer, network, or phone
resource that is owned or leased by the City.
5.0 Policy
5.1 General Use and Ownership
1. Users of the City’s computer, phone and network resources must be aware that the data
they create and/or store on the City's systems remains the property of the City of Ithaca.
Because of the need to protect the City's assets and interests, management cannot
guarantee the privacy of information stored on any computer, network, or phone resource
belonging to the City with the exception of legally confidential information.
2. Users of the City’s computer, phone and network resources may use them for incidental
personal purposes in a manner that does not violate any City policy nor interfere with the
performance of their duties nor incur any cost to the City.
3. The City reserves the right to audit computer, network and phone resources as needed to
ensure compliance with this policy.
a. The Director of Human Resources, Director of Information Technology, or a
department head may request an audit of any computer, network or phone resource
to investigate possible misuse when a reasonable suspicion might arise. The
respective department head and either the Director of Human Resources (or her/his
designee) or the Director of Information Technology (or her/his designee) must be
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present for the audit. The audit must be performed by a computer technician
designated by the Director of Information Technology; and the date, time and
outcome of the audit must be documented.
b. A Department Head may request an audit of any computer, network or phone
resource in their departments for a legitimate business purpose, e.g., the need to
access information when an employee is absent for an extended period of time. The
department head (or her/his designee) and the Director of Information Technology
(or her/his designee) must be present for the audit. The audit must be performed by
a computer technician designated by the Director of Information Technology; and
the date, time and outcome of the audit must be documented.
c. The Director of Information Technology (or her/his designee) may access
computer, network and phone resources as needed to resolve an emergency. An
emergency occurs during a disruption to a service essential to the operation of any
department.
5.2 Security and Confidential Information
1. Users shall take all necessary and prudent steps to prevent unauthorized access to the
City’s computer, network and phone resources, and to the City’s data.
2. Authorized users are responsible for the security of their passwords and accounts, and
shall not share accounts and/or passwords.
3. Login access to all computer, network and phone resources must be secured using a
security measure approved by the Department of Information Technology. Users must
log off any resource that will go unattended for 15 or more minutes; and the automatic
logoff feature must be set to activate if the resource goes unused for 15 minutes.
4. Postings by any employee or agent of the City to any newsgroups, message boards, Web
forums or other public forums from a City email address or by use of any City electronic
resource must be consistent with the responsibilities and professional standards of their
position.
5. All computer, network or phone resources, whether owned by the user or the City, when
connected to the City network shall continually execute approved anti-virus software
with a current set of virus definitions.
6. Users must use extreme caution when opening e-mail attachments received from
unknown senders. Such attachments may contain viruses, worms, e-mail bombs, Trojan
horse code, or other forms of malware.
7. Users must use caution with pop-ups that appear via a web browser. If possible, they
should activate the pop-up blocker provided with their web browser. Pop-ups often
provide a means for malware to transfer onto a computer. The most dangerous are pop-
ups that announce a malware infection on your computer which can be sanitized using
their advertised anti-virus or security solution. This deceptive advertising provides no
solution; instead, it actually transfers malware onto your computer.
8. For security and network maintenance purposes, individuals authorized by the Director of
Information Technology may monitor equipment, systems and network traffic at any
time.
5.3 Unacceptable Use
The following activities are prohibited. Some users may be exempted from certain of these
restrictions if their legitimate job responsibilities require them to perform actions otherwise
defined as unacceptable (e.g., systems administration staff may have a need to disable the
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network access of a device if that device is disrupting production services). However, under no
circumstances is an employee or agent of the City authorized or permitted to engage in any
activity that is illegal under local, state or federal law while utilizing City-owned resources.
5.3.1 System and Network Activities
The following activities are prohibited:
1. Violations of laws or regulations pertaining to copyright, trade secret, patent or other
intellectual property rights, including, but not limited to, the installation or distribution of
"pirated" or other software products that are not appropriately licensed for use by the
City.
2. Revealing one’s account password to others or allowing use of one’s account by others.
This includes family and other household members when work is being done at home.
3. Allowing use of City-owned equipment and resources by unauthorized persons including
family and other household members.
4. Using a City computer, network or phone resource to deliberately engage in procuring or
transmitting material that is in violation of or inconsistent with the following City rules or
policies (except when doing so is solely for the purpose of fulfilling the user’s normal job
duties, such as investigation of a crime or violation of policy):
a. Sexual Harassment Policy,
b. Workplace Violence Prevention Policy,
c. Employee Standards of Conduct,
d. Code of Ethics,
e. Electronic Mail Policy,
f. Other City policies.
5. Intentionally causing security breaches or disruptions of City network resources. Security
breaches include, but are not limited to, accessing data of which the user is not an
intended recipient, or logging into a server or account that the user is not expressly
authorized to access, unless these actions are within the scope of regular duties. For
purposes of this section, "disruption" includes, but is not limited to, network sniffing,
pinged floods, packet spoofing, denial of service, and forged routing information for
malicious purposes. (Please see section 2 above for definitions).
6. Port scanning or security scanning is expressly prohibited unless this activity is a part of
the user's normal job duties. (Please see section 2 above for definitions).
7. Executing any form of network monitoring which will intercept data not intended for the
user, unless this activity is a part of the user's normal duties.
8. Circumventing user authentication practices or other security measures related to any
equipment, network or account, unless this activity is a part of the user's normal job
duties.
9. Intentionally interfering with or denying service to any user or device (for example,
denial of service attack). (Please see section 2 above for definitions).
10. Using any program, script or command, or sending messages of any kind, with the intent
to interfere with a user's terminal session or network connection, either locally or via the
Internet.
11. Connecting an unauthorized device such as a router, switch, hub, phone, or computer to
the City’s data or phone networks except as allowed either via advertised guest accounts
or by approval of the Director of Information Technology.
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12. Providing information about computer or electronic accounts of City employees to parties
outside the City, except as a part of one’s normal job duties.
13. Accessing Internet Radio, Internet Television and/or other audio or video streaming of a
commercial or entertainment nature may be done only for work-related activity. Any
exception must be approved by the involved department head and the mayor, and may be
rescinded by either.
14. Use of Internet file sharing services that function by means of peer-to-peer network
protocols, and/or that are known to facilitate the illegal distribution of copyrighted
materials. Such networks include but are not limited to Kazaa, BitTorrent, The Pirate
Bay, etc.
15. Use of a computer or other digital devices while driving except as allowed by state or
federal law.
5.3.2 Email and Phone Activities
The following activities are prohibited:
1. Any form of harassment via email, telephone or other communication device, whether
through offensive language or images, or through unreasonable frequency, size, and/or
type of messages.
2. Unauthorized use, or forging, of email header information.
3. Creating or forwarding "chain letters" or "Ponzi" or other "pyramid" schemes of any type.
4. Use of text messaging except as required for City business purposes.
5. Use of a cell phone or other portable communication devices while driving except as
allowed by state or federal law.
6. Downloading files, ringtones and games except as required for business purposes.
6.0 Implementation and Enforcement
The Director of Information Technology is responsible for the proper implementation of this
policy and for monitoring the use of City computer, network and phone resources.
Any user of the City’s computer, phone or network resources found to have violated this policy
may be subject to disciplinary action, up to and including termination of employment. Any
violation shall be reported to the user’s supervisor who will be responsible for deciding upon the
appropriate discipline with guidance from the Human Resources Department.
7.0 Revision History
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13. Department of Public Works
.1 Intersection Bulb-outs on West Green & West Seneca Street
WHEREAS, a Project for the Intersection Bulb-outs on West Green & West Seneca Street,
P.I.N. 375462 (the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, that
calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal
funds and 20% non-federal funds, and
WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100%
of the non-federal share of the costs of Preliminary Engineering/Design; and
WHEREAS, preliminary engineering and design are exempt from further environmental review
as Type II actions; now, therefore be it
RESOLVED, That the Common Council hereby approves the above-subject project, subject to
further environmental review of construction, and be it further
RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in the first
instance 100% of the federal and non-federal share of the cost of Preliminary
Engineering/Design work for the Project or portions thereof, and be it further
RESOLVED, That the sum of $36,000 is hereby appropriated from the issuance of serial bonds
or General Fund advance and made available to cover the cost of participation in the above phase
of the Project, and it is further
RESOLVED, That Common Council hereby creates Capital Project # 769, Intersection Bulb-
outs on West Green & West Seneca Street, to include the Project costs of $36,000, and be it
further
RESOLVED, That in the event the full federal and non-federal share costs of the project
exceeds the amount appropriated above, the Common Council of the City of Ithaca shall convene
as soon as possible to appropriate said excess amount immediately upon the notification by the
NYSDOT thereof, and be it further
RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute all
necessary Agreements, certifications or reimbursement requests for Federal Aid on behalf of the
City of Ithaca with the New York State Department of Transportation in connection with the
advancement or approval of the Project and providing for the administration of the Project and
the municipality’s first instance funding of Project costs and permanent funding of the local
share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations
therefore that are not so eligible, and be it further
RESOLVED, That this project be undertaken with the understanding that the final cost of the
Project to the City of Ithaca will be roughly 20% of said portion, currently estimated at $7,200 of
the $36,000 authorized for this portion of the project, in monies and in-kind services as managed
by the Superintendent of Public Works and monitored by the City Controller, and be it further
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RESOLVED, That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in connection with
the Project, and be it further
RESOLVED, This Resolution shall take effect immediately.
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To: City Administration Committee
From: Tim Logue, Transportation Engineer
Date: February 2, 2011
Re: Master Agreement for Intersection Bulb-Outs on West Green and
West Seneca Streets
Please find enclosed a resolution authorizing a new federal-aid, capital project to construct
pedestrian improvements/traffic calming at the following four intersections:
• West Green Street and South Corn Street
• West Green Street and South Plain Street
• West Seneca Street and North Plain Street
• West Seneca Street and North Corn Street
This project concept is based on neighborhood planning efforts from 5 or 6 years ago, which
pointed to the crossings of Green Street and Seneca Street as problematic for pedestrians. Also,
we have noticed some history of collisions at these intersections. Based on these things, staff
submitted a project request to the federal-aid Transportation Improvement Program (TIP) in
2006 and program funds have recently become available.
The Board of Public Works passed a resolution on January 12th in support of this project,
requesting Common Council to establish a capital project and progress this project. In their
resolution, it was stated, “the Project purpose is to reduce the negative effects of motor vehicle
use, alter driver behavior and improve conditions for non-motorized street users in the interest of
street safety and livability along the New York State owned section of Route 79 (a one-way pair)
in the mixed residential and low-density commercial area in the vicinity of Plain Street and Corn
Street.”
Though the City has to front the monies for this project, 80% of the project costs are
reimbursable from the federal government. At this point, I am only asking for approval for the
design phase of the project. Once the design work is complete, construction funds will be made
available and I will return for further approvals. As an engineering study, this project, so far, is a
Type II action in accordance with the City and State environmental review laws. The
environmental review of construction activities will be included in the scope of work for design
and preliminary engineering. I expect that the Board of Public Works will likely be the lead
agency for this review.
Lastly, I will note that both Green Street and Seneca Street are owned by the New York State
Department of Transportation. This work will require a Highway Work Permit from them, and so
we will need to work within the design guidance they put forth. However, I think this project will
have a significant benefit for us locally as far as reduced speeding on Green & Seneca Streets as
well as safer and more comfortable pedestrian crossings of the arterials through the downtown.
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13. Department of Public Works
.2 Master Agreement for Floral Avenue Multi-Use Facility
A resolution authorizing implementation and funding in the first instance 100% of the
federal aid-eligible costs and State “Marchiselli” program-aid eligible costs, of a
transportation federal-aid project, and appropriating funds therefore.
WHEREAS, a Project for the Floral Avenue Multi-Use Facility, P.I.N. 375463 (the “Project”) is
eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the
costs of such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds,
and
WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100%
of the non-federal share of the costs of Preliminary Engineering/Design and Right-of-Way
Incidentals; and
WHEREAS, preliminary engineering, design and Right-of-Way Incidentals are exempt from
further environmental review as Type II actions; now, therefore be it
RESOLVED, that the Common Council hereby approves the above-subject project, subject to
further environmental review of construction, and be it further
RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in the first
instance 100% of the federal and non-federal share of the cost of Preliminary
Engineering/Design and Right-of-Way Incidentals work for the Project or portions thereof, and
be it further
RESOLVED, That the sum of $92,000 is hereby appropriated from the issuance of serial bonds
or General Fund advance and made available to cover the cost of participation in the above phase
of the Project, and be it further
RESOLVED, That Common Council hereby creates Capital Project # 770, Floral Avenue Multi-
Use Facility, to include the Project costs of $92,000, and be it further
RESOLVED, That in the event the full federal and non-federal share costs of the project
exceeds the amount appropriated above, the Common Council of the City of Ithaca shall convene
as soon as possible to appropriate said excess amount immediately upon the notification by the
NYSDOT thereof, and be it further
RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute all
necessary Agreements, certifications or reimbursement requests for Federal Aid on behalf of the
City of Ithaca with the New York State Department of Transportation in connection with the
advancement or approval of the Project and providing for the administration of the Project and
the municipality’s first instance funding of Project costs and permanent funding of the local
share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations
therefore that are not so eligible, and be it further
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RESOLVED, That this project be undertaken with the understanding that the final cost of the
Project to the City of Ithaca will be roughly 20% of said portion, currently estimated at $18,400
of the $92,000 authorized for this portion of the project, in monies and in-kind services as
managed by the Superintendent of Public Works and monitored by the City Controller, and be it
further
RESOLVED, That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in connection with
the Project, and be it further
RESOLVED, This Resolution shall take effect immediately.
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To: City Administration Committee
Board of Public Works
From: Tim Logue, Transportation Engineer
Date: February 14, 2011
Re: Master Agreement for Floral Avenue Multi-Use Facility
Your meetings are on the same day, so I am preparing basically the same materials for both the
Board of Public Works and the City Administration Committee with the hope that the Board can
recommend this project to the City Administration, which meets later on February 23rd. To that
end, please find enclosed a resolution authorizing a new federal-aid, capital project to construct a
multi-use trail in between Floral Avenue and the Flood Control Channel, including two crossings
of Floral Avenue to connect to residences on the west side of the road. The trail will be an
extension of the trail that currently runs south out of Cass Park under the Route 96 and Route 79
bridges.
This project was submitted to the federal-aid Transportation Improvement Program (TIP) in
2006 and program funds have recently become available. Though the City has to front the
monies for this project, 80% of the project costs are reimbursable from the federal government.
At this point, I am only asking for approval for the design and right-of-way incidentals phases of
the project. Once the design work is complete, construction funds will be made available and I
will return for further approvals. As an engineering study, this project, so far, is a Type II action
in accordance with the City and State environmental review laws. The environmental review of
construction activities will be included in the scope of work for design and preliminary
engineering. I expect that the Board of Public Works will likely be the lead agency for this
review.
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13. Department of Public Works
.3 Master Agreement for Traffic Signal Upgrade Phase II
A resolution authorizing implementation and funding in the first instance 100% of the
federal aid-eligible costs and State “Marchiselli” program-aid eligible costs, of a
transportation federal-aid project, and appropriating funds therefore.
WHEREAS, a Project for the Traffic Signal Upgrade Phase II, P.I.N. 375464 (the “Project”) is
eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the
costs of such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds,
and
WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100%
of the non-federal share of the costs of Preliminary Engineering and Design; and
WHEREAS, preliminary engineering and design are exempt from further environmental review
as Type II actions; now, therefore be it
RESOLVED, That the Common Council hereby approves the above-subject project, subject to
further environmental review of construction, and be it further
RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in the first
instance 100% of the federal and non-federal share of the cost of Preliminary Engineering and
Design work for the Project or portions thereof, and be it further
RESOLVED, That the sum of $174,000 is hereby appropriated from the issuance of serial bonds
and made available to cover the cost of participation in the above phase of the Project, and be it
further
RESOLVED, That Common Council, as part of the 2011 authorized budget, established Capital
Project # 765, Traffic Signal Upgrade Phase II, with a project cost of $174,000 and be it further
RESOLVED, That in the event the full federal and non-federal share costs of the project
exceeds the amount appropriated above, the Common Council of the City of Ithaca shall convene
as soon as possible to appropriate said excess amount immediately upon the notification by the
NYSDOT thereof, and be it further
RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute all
necessary Agreements, certifications or reimbursement requests for Federal Aid on behalf of the
City of Ithaca with the New York State Department of Transportation in connection with the
advancement or approval of the Project and providing for the administration of the Project and
the municipality’s first instance funding of Project costs and permanent funding of the local
share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations
therefore that are not so eligible, and be it further
RESOLVED, That this project be undertaken with the understanding that the final cost of the
Project to the City of Ithaca will be roughly 20% of said portion, currently estimated at $34,800
of the $174,000 authorized for this portion of the project, in monies and in-kind services as
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managed by the Superintendent of Public Works and monitored by the City Controller, and be it
further
RESOLVED, That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in connection with
the Project, and be it further
RESOLVED, This Resolution shall take effect immediately.
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To: City Administration Committee
Board of Public Works
From: Tim Logue, Transportation Engineer
Date: February 14, 2011
Re: Master Agreement for Traffic Signal Upgrade Phase II
Your meetings are on the same day, so I am preparing basically the same materials for both the
Board of Public Works and the City Administration Committee with the hope that the Board can
recommend this project to the City Administration, which meets later on February 23rd. To that
end, please find enclosed a resolution authorizing a new federal-aid, capital project to upgrade
City-owned traffic signals at the following locations:
• Cayuga Street and West State/Martin Luther King Jr. Street
• Aurora Street and East State/Martin Luther King Jr. Street
• Court Street and North Cayuga Street
• East Court Street and North Tioga Street
• East Court Street and North Aurora Street
This project was included in the City’s 2011 Capital Project Budget. It was submitted to the
federal-aid Transportation Improvement Program (TIP) in 2006 and program funds have recently
become available. Though the City has to front the monies for this project, 80% of the project
costs are reimbursable from the federal government. At this point, I am only asking for approval
for the design phases of the project. Once the design work is complete, construction funds will be
made available and I will return for further approvals. As an engineering study, this project, so
far, is a Type II action in accordance with the City and State environmental review laws. The
environmental review of construction activities will be included in the scope of work for design
and preliminary engineering. I expect that the Board of Public Works will likely be the lead
agency for this review.
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14. Planning and Development
.1 Establishment of Trust Fund for Martin Luther King Jr. Freedom Walkway
WHEREAS, in 2008 Mayor Carolyn Peterson established a committee charged with the planning
and implementation of a walk to commemorate the life, work, and spirit of Martin Luther King
Jr., and the struggles for civil rights and social justice, and
WHEREAS, the Martin Luther King Jr. Freedom Walkway Implementation Committee has met
regularly since its establishment and over that time has developed a conceptual plan for the
content and physical manifestation of such a trail, and
WHEREAS, in 2010 the Committee conducted several activities to highlight progress of the
freedom walk and to engage members of the public, including a design competition for the
development of a project logo and the development of a relationship with artist Rob Licht who
has been commissioned by a private donor to create a sculpture commemorating Martin Luther
King Jr. that, by way of agreement with the artist, will constitute the first “marker” of the Martin
Luther King Jr. Freedom Walkway, and
WHEREAS, on November 9th 2010, the Committee hosted a “Launch Party” at the Women’s
Community Building, open to all and attended by 35 – 45 people representing a broad spectrum
of the Ithaca community, and
WHEREAS, the “launch” celebrated the unveiling of the initial Southside and Northside trail
“loops,” the unveiling of the winning logo design and announcement of the winning artist, and
the unveiling of a wax model of Rob Licht’s work in progress, and
WHEREAS, at the launch, Committee Chairperson Leslyn McBean Clairborne encouraged
attendees to get involved with the project and enumerated several specific means of involvement
including monetary donations for planning and implementation of the Martin Luther King Jr.
Freedom Walkway, and
WHEREAS, donated funds could be used for items including, but not limited to, consultant
contracts for research and development; fees for physical aspects of the trail including artist and
designer fees, fabrication of markers and signs, and development and implementation of printed
and electronic interpretive materials, and
WHEREAS, several donations were made to the Martin Luther King Jr. Freedom Walkway, both
during and after the launch event, and
WHEREAS, the Greater Ithaca Activities Center agreed to hold the funds in trust for a limited
time in order to give the Committee time to procure a permanent fund, and
WHEREAS, Committee staff has discussed with the City Controller the proposal to establish a
trust fund such that interested donors can make tax deductible donations to the Martin Luther
King Jr. Freedom Walkway, and the City Controller has suggested the Committee seek approval
from the Common Council; now, therefore, be it
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RESOLVED, That the City of Ithaca Common Council establishes a trust fund dedicated to the
planning and implementation of the City of Ithaca Martin Luther King Jr. Freedom Walkway.
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TO: Maria Coles, Chair &
Members of the City Administration Committee
FROM: Leslie Chatterton, Planning Staff
RE: Establishment of a Trust Fund for the purpose of accepting donations to the City
of Ithaca Martin Luther King Jr. Freedom Walkway
DATE: February 23, 2011
The Martin Luther King Freedom Walkway Implementation Committee requests that a trust fund
be established by the City of Ithaca to serve as a repository for donations from the public for
implementation of the MLK Jr. Freedom Walkway. I have attached an updated report on the
progress of the MLK Jr. Walkway Implementation Committee, a proposed resolution for
consideration by City Administration Committee and supplemental material.
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CITY OF ITHACA
MARTIN LUTHER KING FREEDOM WALK
PROJECT SUMMARY
Prepared 12/5/09 – Updated 1/5/11
Background
The following update reflects work of the Martin Luther King Jr. Freedom Walk Implementation Committee from
early 2008 until now. The committee was established by Mayor Peterson who appointed members representing a
broad spectrum of community interests. The fourteen-member committee soon broke out into several
subcommittees including Design, Logo, and Framework. Of these, the Framework Subcommittee had the greatest
longevity and by early summer of 2009 was the only subcommittee meeting regularly. In mid-summer the
committee approached the Mayor with a restructuring proposal involving consolidating subcommittees into one
organization to be called the Martin Luther King Jr. Freedom Walk Implementation Committee. Staffed by
Neighborhood Planner Leslie Chatterton, the regular members of the committee include: Leslyn McBean-
Clairborne, Chair; Sally Grubb, Vice Chair; Gino Bush, Carol Kammen, Ray Schlather, and Caleb Thomas.
During summer and fall of 2008, the Framework Committee focused on its priority recommendation of the dual
designation of Martin Luther King Jr. Street/State Street. After considerable committee work and multiple hearings
by the Board of Public Works, the dual designation was unveiled at an early morning ceremony held on Monday,
January 19, 2009, Martin Luther King Jr’s birthday.
During spring and summer of 2009 work continued on the freedom walk, focusing on the work, spirit and
accomplishments of Martin Luther King Jr. including his leadership role in the civil rights movement, in confronting
the social and economic inequity imposed on poor people and later in standing against the injustices of the Vietnam
War. The broader aspects of Dr King’s work provide us with opportunity for the walk to commemorate other
“unheard” voices of today’s community.
Rooted in local history
The committee determined early on that context of the freedom walk will be rooted in local events and people
beginning with the growth of Ithaca’s early nineteenth century
free black community. In some cases the local history reflects events of the national
stage including:
• the struggle of the “freedom seekers”
• the abolition movement
• the Civil War
• emancipation
• the civil rights actions, freedom riders and voter registration drives of the 1960s
Other themes are tied closely to local events such as:
• the establishment of the A.M.E. Zion Church (1833), and influence of early church leaders such as Rev
Henry Johnson and Rev Jermain Loguen
• the impacts of enrollment of Ithaca local free black men and boys into the 26th United States Colored
Troops (1863-64)
• Sumner Literary Society (1870s) and numerous local literary and debate societies that were part of Ithaca’s
African American culture
• Founding of Alpha Phi Alpha, first intercollegiate, Greek-letter fraternity for blacks (1906)
• Wheat Street Monitor, a local black newspaper (1923) and Ithaca Inklings a newspaper column appearing
in multiple newspapers which enabled blacks to communicate about social engagements
• Francis Harper Club and founding of the Southside Community Center (opened 1938)
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The markers
The committee has been planning a walk that consists of two east west routes, with opportunity for the addition of
subsidiary tangents or loops to encompass other locations of interest. Consistent with this idea, the committee has
discussed the establishment of “hub” sites to be marked with substantial, possibly sculptural, monuments that could
make reference to other sites of interest in close proximity. These other sites could be marked with smaller plaques
or sidewalk “buttons”. Select segments of the walk could be marked with inlaid sidewalk medallions. Overall, with
regard to design questions, the committee is interested in working with the City’s Public Art Commission to conduct
a competition that could result in a logo design and marker scheme.
Hub sites
Initially the committee identified five hub sites, including DeWitt Park, the former U.S. Post Office, (now Town of
Ithaca Municipal Offices), the Commons, the Southside Community Center, and the Greater Ithaca Activities
Center. (Space for a potential marker is included in the current design for GIAC’s rehabilitation.) The committee
has since moved away from consideration of the Commons, already crowded with seating and landscaping, art and
other commemorative installations. That said, there might be opportunity to incorporate something in the
Common’s redesign project. Similarly construction of a new TCAT bus station on Green Street may provide an
opportunity to incorporate some aspect of the freedom walk.
Interpretation
The committee has discussed other aspects of the walkway including the designation of an “Orientation Site” that
would have 24/7 access. Supplementary interpretive materials would include maps and pamphlets to enable a self-
guided tour. Looking ahead, the development of supplementary education materials could position the freedom
walk as a resource for local schools. The committee is also interested in exploring technologies, to provide
appropriate audio interpretive formats, for example cell phone applications.
Phase I
As a first step the Implementation Committee is focused on concurrent development of Southside and Northside
loops. The Southside area consists of the 100 block of Cleveland Avenue and a portion of South Plain Street,
centered on the Southside Community Center, (see map of Proposed Southside Loop.) While this neighborhood has
always been racially mixed, Southside was the neighborhood where many of Ithaca’s free blacks settled both as
renters and as homeowners. St. James A.M.E Zion Church, constructed in 1833, was a beacon for both free blacks
and freedom seekers. Other Southside sites include the Southside Community Center, and the H.H. Garnet Lodge
on West Green Street, meeting place of the black Elks (1884.) The Northside loop traverses Court Street from the
GIAC entrance between Albany and Plain Streets east to Tioga Street, south on Tioga to Buffalo Street, west on
Buffalo to DeWitt Park, and north on Cayuga Street back to Court. (See map of proposed Northside loop.)
Northside sites include the Calvary Baptist Church on North Albany Street, the Edward Newton House where Alpha
Phi Alpha held an early meeting, DeWitt Park where Frederick Douglas delivered a fiery anti-slavery speech in
1842 after being refused other venues, and the former Ithaca Post Office, site of 1960s civil rights protests.
Next steps
Next steps include updating the Board of Public Works, the Common Council and the Board of Planning &
Development. In addition the committee has planned two public meetings, the first scheduled on Saturday morning
December 5th from 9:00 a.m. – 11:00 a.m. at the Southside Community Center, and the second on January 19th, 2010
on the morning of GIAC’s annual Martin Luther King Jr. birthday lunch, (location to be determined). The public
meetings will offer a workshop-like format to encourage public input and participation.
Concurrent with these activities the committee will move forward on other aspects of the walkway, including:
• work with the Public Art Commission to establish a format and scope for a design competition
• site selection for hub sites and markers, and looking into processes for obtaining permission to use
identified sites
• development of supplemental materials: pamphlet, map, audio formats.
Project funding
There is currently about $7,000 left of the original $20,000 project budget. While the establishment of a Phase I
budget is premature, staff, under the committee’s direction, is looking into grants such as National Endowment of
the Humanities, New York State Tourism Grants, the Tompkins County Community Foundation and the Parks
Foundation. Once the project is fully developed, the committee also anticipates opportunity for donations from
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individuals or community organizations for specific markers and sites. The committee will continue to update the
Board of Public Works and the Common Council as these plans advance.
Update 1/5/11
Activities in 2010 included the following:
• hosting a well attended public meeting as part of the 2010 Martin Luther King Birthday celebration at
Women’s Community building
• exploration of involvement with related community and statewide activities such as the newly formed
Dorothy Cotton Institute and the statewide Martin Luther King Freedom Trail
• conducting a logo design competition during the summer of 2010.
• partnering with artist Rob Licht who received a commission from a local business to create a sculpture of
Martin Luther King. This sculpture will be the first “marker” of the Ithaca Martin Luther King Freedom
Walkway, proposed for placement at the west end of the Commons.
• hosting a “Launch Party” held on November 9th at the Women’s Community Building to present plans for
the initial Southside and Northside loops, to announce the winner and unveil the new MLK Freedom
Walkway logo, to unveil the wax model of Rob Licht’s sculpture and to invite community involvement in
a variety of ways, including donations to the MLK Freedom Walkway
In 2011 the MLK Freedom Walkway Implementation Committee plans to submit a 2011 capital project request to
the City of Ithaca, and will continue to seek grants from appropriate sources, large and small, including the
Tompkins County Strategic Tourism Grant program, the Park Foundation and the National Endowment for the
Humanities.
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15. Attorney’s Office
.1 An Ordinance to Amend Chapter 146 (“Building Code Enforcement”), Section 146-50
(“Penalties for Offenses”)
Ordinance #2011 - ___
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Section 146-50 of the Municipal Code of the City of Ithaca is hereby amended to
read as follows:
§ 146-50 Penalties for Offenses.
In accordance with § 383 of Article 18 of the Executive Law of the State of New York:
A. It shall be unlawful for any person, firm or corporation to construct, alter, repair, move,
equip, use or occupy any building or structure or portion thereof in violation of any
provision of law or ordinance as well as any regulation or rule promulgated by the
Building Commissioner in accordance with applicable laws, or to fail in any manner to
comply with a notice, directive or order of the Building Commissioner or to construct,
alter, use or occupy any building or structure or part thereof in a manner not permitted by
an approved building permit or certificate of occupancy. No person shall commence
any work for which a building permit is required without first having obtained a
building permit issued by the Building Department.
B. If a property is in violation of any provision of this chapter, the owner of the
property
shall be guilty of an offense. In addition, any other person who shall violate any
provision of this chapter shall be guilty of an offense. Each day’s continued
violation constitutes a separate offense unless otherwise provided herein. Each
offense shall be punishable by a fine of not less than $100 nor more than $250,
unless otherwise provided herein.
[B] C. Any person who shall fail to comply with a written order of the Building
Commissioner within
the time fixed for compliance therewith and any owner, builder, architect, tenant,
contractor,
subcontractor, construction superintendent or their agents or any other person taking part
or
assisting in the construction or use of any building or any property who shall knowingly
violate
any of the applicable provisions of law or any lawful order, notice, directive, permit or
certificate of
the Building Commissioner made thereunder shall be punishable by fine of not less than
$250 nor
more than $500. Each day that a violation continues shall be deemed a separate offense.
[C] D. Except as provided otherwise by law, such violation shall not be a crime, and the
penalty or
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punishment imposed therefore shall not be deemed for any purpose a penal or criminal
penalty or
punishment and shall not impose any disability upon or affect or impair the credibility as
a
witness, or otherwise, of any person found guilty of such offense.
Section 2. Severability.
Severability is intended throughout and within the provisions of this local law. If any section,
subsection, sentence, clause, phrase or portion of this local law is held to be invalid or
unconstitutional by a court of competent jurisdiction, then that decision shall not affect the
validity of the remaining portion.
Section 3. Effective Date.
This ordinance shall take effect upon publication of notices as provided for in the Ithaca City
Charter.
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TO: Maria Coles, Chairperson, City Administration Committee
FROM: Daniel L. Hoffman, City Attorney
DATE: February 15, 2011
RE: Proposals to Amend Chapter 146 of City Code (“Building Code
Enforcement”) and Chapter 210 (“Housing Standards”), so as to Eliminate
Possible Jail Term from Penalties
Assistant City Prosecutor Robert Sarachan is responsible for prosecuting alleged violations of the
City’s Housing Standards (Chapter 210) and the City’s ordinance regarding compliance with the
New York State Building Code (Chapter 146).
He notes that because Chapter 146 (Building Code Enforcement) does not specifically set forth a
penalty for the failure to secure a building permit (when required), and Chapter 210 does not set
forth its own, particular penalties for any part of that ordinance, the general penalties described
in Section 1-1 of the Code presumably apply. That section is essentially the “default” penalty for
most provisions in the Code. The general penalties are: “a fine of not more than $250 [per day
the violation continues] or imprisonment for a term of not more than 15 days, and not less than
$100 or 25 hours of community service.”
Over the past several years, our office has recommended that the penalties for certain violations
of the Code be tailored to the nature and seriousness of the offense, rather than be treated in a
“one-size-fits-all” fashion. For example, the possibility of jail time has been removed from
violations such as having an unleashed dog or riding a bicycle on the sidewalk, and was not
made applicable to the new ordinance prohibiting outdoor smoking on certain public property.
Now, it is our recommendation to apply a specific (monetary) penalty for the failure to obtain a
building permit when required, and to remove the possibility of jail time for violations of the
Building Code or Housing Standards. We note that alleged violators who fail to correct
problems for a longer period of time can be charged with a separate offense for each day the
violation exists, which can amount to a significant monetary deterrent. Furthermore, there is a
separate penalty for “aggravated violation” of the Building Code (Section 146-52), which is
defined as failure to comply with an order of the Building Commissioner or knowing violation of
the law or any such order, either of which results in injury to a person or property. This is a
misdemeanor (rather than a violation), with higher possible fines and imprisonment for up to one
year.
The suggested ordinances are attached, for your consideration.
Cc: Phyllis Radke, Building Commissioner
Common Council
Enc.
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15. Attorney’s Office
.2 An Ordinance to Amend Chapter 210 (“Housing Standards”), Section 210-86
(“Penalties for Offenses”)
Ordinance #2011 - ___
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Section 210-86 of the Municipal Code of the City of Ithaca is hereby amended to read
as follows:
§ 210-86 Penalties for offenses.
A. If a property is in violation of any provision of this chapter, the owner of the
property shall be guilty of an offense. In addition, any other person who shall
violate any provision of this chapter shall be guilty of an offense. Each day’s
continued violation constitutes a separate offense unless otherwise provided
herein. Each offense shall be punishable by a fine not less than $100 nor more
than $250 unless otherwise provided herein.
B. Every person who shall fail to comply with a violation order issued by the Building
Commissioner within the time limit stated shall be guilty of an offense and, upon
conviction, shall be punished as provided in Chapter 1, General Provisions, Article 1,
Penalties 146, Article VII, § 146-50. Each day that a violation continues shall be a
separate offense.
Section 2. Severability.
Severability is intended throughout and within the provisions of this local law. If any section,
subsection, sentence, clause, phrase or portion of this local law is held to be invalid or
unconstitutional by a court of competent jurisdiction, then that decision shall not affect the
validity of the remaining portion.
Section 3. Effective Date.
This ordinance shall take effect upon publication of notices as provided for in the Ithaca City
Charter.
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15. Attorney’s Office
.2 A Local Law to Amend the Charter of the City of Ithaca, Section C-10 (“Election and
terms of office of Mayor, Judge and Council members”), to provide for certain two-year
terms following the federal census in conjunction with the possible redistricting of City
wards.
WHEREAS, the federal census of the population is conducted every ten years, in years ending in
“0”, such as 2010; and
WHEREAS, following any such census, it may be necessary to adjust the boundaries or number
of wards in the City of Ithaca, in order to ensure equitable representation as required by law
and/or to achieve other desirable objectives; and
WHEREAS, the Common Council intends for any such redistricting to be in effect in the City
for the 2013 general election (following thorough study and consideration of the 2010 census
data and of various options for addressing ward composition in conjunction therewith); and
WHEREAS, in order to avoid the confusing situation where one alderperson from a ward is
representing the “old” ward area (as defined before redistricting), and the other is representing
the “new” ward area (post-redistricting), the Council has, after each census since at least 1980,
provided for two-year terms for those alderpersons elected in the following year (e.g., 1981,
1991, etc), and, in the subsequent local election year (e.g., 1983, 1993, etc), for one-half of those
alderpersons elected to have two-year terms, while the other half have four-year terms; and
WHEREAS, the Council wishes to use this same approach following the 2010 federal census,
and to institutionalize it for future decades; and
WHEREAS, State Election Law requires the City Clerk, at least eight months before each
general election, to certify to the Board of Elections which offices will be voted on at such
election; now therefore
Local Law ___ - 2011
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1:
Section C-10 of the Charter of the City of Ithaca is hereby amended (subject to mandatory by the
electors of the City) to read as follows:
[Language to be deleted is so designated;” language to be added is underlined.]
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§ C-10. Election and terms of office of Mayor, Judge and Council members.
A. At the general election held in November 1995, and in every four years thereafter, a
Mayor shall be elected for a term of four years. At the general election held in November
1989 and each sixth year thereafter, a City Judge shall be elected for a term of six years.
At the general elections held in November 1983 and in November 1985, one Council
member shall be elected from each of the City wards, as described in § C-3 of the Ithaca
City Charter, for a term of four years. Thereafter (except as described in the following
paragraph), in each odd-numbered year, one Council member shall be elected from each
such ward, for a term of four years, in place of the Council member from that ward
whose term of office shall next thereafter expire. Nothing in this section shall operate to
shorten the term of any public officer in office. In the case of any special election for the
office of any Council member, such vacancy shall be filled by election from the ward
from which the Council member who caused the vacancy was elected.
B. Notwithstanding the above, the term of all Council members elected in the general
election following the year of the decennial, federal census (for example, in 2011 or
2021) shall be for a period of two years. In the next general election in an odd-numbered
year thereafter (for example, in 2013 or 2023), the terms of one-half of the Council
members elected at that time (to fill those seats with expiring, two-year terms) shall be
for a period of two years, while the terms of the other half of the Council members
elected at that time shall be for a period of four years. Thereafter, for the remainder of
each decade (for example, in 2015, 2017 and 2019), the terms of all Council members
elected in those years shall be four years.
C. For elections of Common Council members to be held in years ending in “3” (as
described above), two Common Council members shall be elected for each ward. On the
election ballot there shall be printed, for each ward, the office of “member of Common
Council for a term of four years” and the office of “member of Common Council for a
term of two years.” In all matters affecting the nomination and designation of candidates
for election, it shall be designated whether the candidate is seeking the office with a term
of four years or the office with a term of two years.
Section 2. Severability.
Severability is intended throughout and within the provisions of this local law. If any
section, subsection, sentence, clause, phrase or portion of this local law is held to be invalid
or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the
validity of the remaining portion.
Section 3. Mandatory Referendum.
This local law shall be submitted to a referendum at the next general election, on November
8, 2011.
Section 4. Effective Date.
This local law shall take effect after it is approved by the electorate at the next general
election and is subsequently filed in the office of the Secretary of State.
15. Attorney’s Office
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.3 Approval of Agreement between Village of Cayuga Heights and the City for Building
Inspection Services.
WHEREAS, both the Village of Cayuga Heights and the City of Ithaca are required to issue
permits for, and cause the inspection of alterations and construction within their jurisdictional
limits; and
WHEREAS, both the City and the Village enforce the provisions of the New York State Uniform
Fire Prevention and Building Code and the New York State Multiple Residence Law, as well as
their own zoning, site plan development review, environmental review, building, housing and
fire codes, where applicable; and
WHEREAS, certain improvements are located on parcels which lie partially in both jurisdictions,
and are therefore subject to the code enforcement programs of each municipality; and
WHEREAS, both municipalities are desirous of providing qualified building and fire inspection
services in a cost-effective manner and avoiding a duplication of services and/or confusion to
property owners to the extent possible; and
WHEREAS, the parties are desirous of entering into an inter-municipal agreement in which the
City would provide the Village with required building and fire inspection service under the New
York State Uniform Fire Prevention and Building Code and the New York State Multiple
Residence Law, to the extent applicable, for alterations and construction taking place on property
which lies within both jurisdictions; and
WHEREAS, the City has appropriate, trained and certified building and fire code enforcement
personnel; now, therefore be it
RESOLVED, That the Mayor is hereby authorized to enter into the attached Inter-Municipal
Agreement between the City of Ithaca and the Village of Cayuga Heights for building inspection
services.
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CITY OF ITHACA -- VILLAGE OF CAYUGA HEIGHTS
INTERMUNICIPAL AGREEMENT
FOR BUILDING INSPECTION SERVICES
This agreement, effective 1st day of January, 2011, by and between the City of Ithaca, a
municipal corporation having its office and place of business at 108 East Green Street, Ithaca,
New York 14850, hereinafter referred to as the “City” and the Village of Cayuga Heights, a
municipal corporation, having its office and place of business at 836 Hanshaw Road, Ithaca,
New York, hereinafter referred to as the “Village.”
WHEREAS, both the Village and the City are required to issue permits for, and cause the
inspection of alterations and construction within their jurisdictional limits; and
WHEREAS, both the City and the Village enforce the provisions of the New York State
Uniform Fire Prevention and Building Code and the New York State Multiple Residence Law, as
well as their own zoning, site plan development review, environmental review, building, housing
and fire codes, where applicable; and
WHEREAS, certain improvements are located on parcels which lie partially in both
jurisdictions, and are therefore subject to the code enforcement programs of each municipality;
and
WHEREAS, both municipalities are desirous of providing qualified building and fire
inspection services in a cost-effective manner and avoiding a duplication of services and/or
confusion to property owners to the extent possible; and
WHEREAS, the parties are desirous of entering into an intermunicipal agreement in
which the City would provide the Village with required building and fire inspection service
under the New York State Uniform Fire Prevention and Building Code and the New York State
Multiple Residence Law, to the extent applicable, for alterations and construction taking place on
property which lies within both jurisdictions; and
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WHEREAS, the City has appropriate trained and certified building and fire code
enforcement personnel.
NOW, THEREFORE, in consideration of the mutual covenants, agreements, and
considerations heretofore set forth, the parties hereto mutually agree as follows:
1. All new property improvements where the improvement currently lies in both
jurisdictions will be inspected by City Inspectors who have successfully completed the code
enforcement training program through the Department of State of New York, and who are
otherwise qualified as inspectors as a result of the current and previous employment by the City
as code enforcement officials in the field of building and fire construction inspection. The
properties listed below are those which contain one or more buildings or structures that are
partially in the Village and partially in the City and intended by this agreement to be inspected
by City inspectors.
115 Ridgewood Road (a Cornell Sorority)
102 Needham Place (a private residence)
105 Needham Place (a multiple residence)
126 Westbourne Place (a multiple residence)
425 Wycoff Place (a Cornell Fraternity)
208 Dearborn Place (a Cornell Rooming House)
220 Dearborn Place1 (a multiple residence)
207 Kelvin Place (a multiple residence)
In the event of the proposed construction of new improvements on property which lies
partially in both jurisdictions, the parties may add to the above list by written agreement between
the City Building Commissioner and Fire Chief and the Village Fire Chief and the Chief Code
Enforcement Officer of the Village.
2. The properties covered by this agreement shall be treated for all building,
housing, and fire code enforcement purposes, except zoning and site plan development review,
as though they were completely within the City of Ithaca. Each jurisdiction shall continue to
1 Also known as 202 North Triphammer Road.
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enforce and operate its own zoning, site plan review, environmental review and landmarks
preservation programs.
3. The number of personnel assigned shall be at the discretion of the City Building
Commissioner and/or City Fire Chief, depending upon the availability of said personnel to be
assigned to inspect properties which lie on the line between the jurisdictions.
4. The term of this agreement shall be ten (10) years from the 1st day of January
2011 and expiring on December 31, 2020, subject to authorization by the governing legislative
bodies of the respective municipalities.
5. The City shall be reimbursed for its services by the payment of all building,
housing and fire inspection and permit fees directly to the City by the property owner at the rates
charged to similar properties located totally within the City limits. Both jurisdictions may charge
applicants for zoning, site plan review, and/or environmental review fees, where applicable.
6. Prior to the issuance of a building permit by the City, the City will obtain written
confirmation from the Village Zoning Officer that the proposed plans do not violate provisions
of the Zoning Ordinance of the Village or that a variance from the Village ordinance has been
obtained. Properties which lie in both jurisdictions shall be subject to the zoning, site plan
development and environmental review regulations and ordinances of both municipalities.
7. Both parties agree that they will, at their own expense, indemnify, defend, and
hold harmless each other, its officers, agents, and employees from any and all liability, judgment
costs, damages, attorneys’ fees and expenses arising out of the negligence of its employees or by
not adhering to the guidelines as established by the City or the New York State Department of
State in the provision and performance of inspection work as set forth in this agreement,
providing, however, that timely notice shall be given by each party to the other of any claim that
may be asserted with regard to the work, labor, and services set forth in this agreement.
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8. Each party will certify to the other that insurance in the amount of $1,000,000 to
cover liability exists and will make the other municipality the named co-insured on said policy.
9. Each party will provide its own workers’ compensation insurance covering its
own employees.
10. In the event that the City or Village is, or becomes, self-insured for general
liability and/or automobile liability at any time during the term of this agreement, the following
language is to be incorporated in the agreement without any need for special resolution:
WHEREAS, either party, its agents, servants or employees, pursuant to this agreement
between the parties are or may be performing various kinds and types of work, labor or services
in cooperation with each other: be it resolved that each party agrees that it will, at its own
expense, indemnify, defend, and hold harmless the other, its officers, agents and employees from
any liability, judgment, costs, damages, attorneys’ fees and expenses arising out of the negligent
performance of the work, labor or services of the respective party, its agents, servants or
employees, providing, however, that timely notice be given to the other party of any action,
claim or proceedings which may be filed or commenced against the parties by reason of the
performance of such work.
Each party certifies, by entering into this agreement, that this section was approved by the
governing body of each municipality as part of this agreement, and it is binding upon each party
in the event it becomes self-insured as if a special resolution had been adopted by it.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
THE CITY OF ITHACA
_________________________________
By: Carolyn K. Peterson, Mayor
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THE VILLAGE OF CAYUGA HEIGHTS
_________________________________
By: Kate Supron, Mayor
STATE OF NEW YORK )
)ss.:
COUNTY OF TOMPKINS )
On this _____ day of ____________, Two Thousand and Eleven, before me, the
undersigned, a Notary Public in and for said State, personally appeared CAROLYN K.
PETERSON, personally known to me or proved to me on the basis of satisfactory evidence to be
the individual whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his capacity, and that by his signature on the instrument, the individual, or the
person of which the individual acted, executed the instrument.
__________________________________
NOTARY PUBLIC
STATE OF NEW YORK )
) ss.
COUNTY OF TOMPKINS )
On this _____ day of ___________, Two Thousand and Eleven, before me, the
undersigned, a Notary Public in and for said State, personally appeared KATE SUPRON,
personally known to me or proved to me on the basis of satisfactory evidence to be the individual
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his capacity, and that by his signature on the instrument, the individual, or the person of
which the individual acted, executed the instrument.
__________________________________
NOTARY PUBLIC
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16. Police Department
.1 Request to Amend 2011 Budget
WHEREAS, the Ithaca Police Department will be hosting a training titled “Traffic Crash
Reconstruction I” and
WHEREAS, the course cost is $1,100 per participant with 12 participants expected, and
WHEREAS, the tuitions paid by participants will be used to pay for expenses related to the
course, and
WHEREAS, the training course was not part of the 2011 authorized Police Department budget;
now, therefore be it
RESOLVED, That Common Council hereby approves the following 2011 budget amendment for
the purpose of accounting for said training program in the amount of $13,200 as follows:
Increase Revenue Account:
A3120-2770 Unclassified Revenue $13,200
Increase Appropriation Account:
A3120-5440-5001 Staff Development $13,200
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17. Human Resources
.1 Request For Extension of Supplemental Military Leave Benefits
WHEREAS, on November 7, 2001, October 2, 2002, February 5, 2003, and June 6, 2007,
Common Council passed resolutions providing Supplemental Military Leave benefits for City
employees who were called to active military duty due to the wars in Iraq and Afghanistan, and
WHEREAS, the Supplemental Military Leave benefits granted by Common Council expired on
December 31, 2008, and
WHEREAS, Reservists continue to be called to active military duty due to the wars in Iraq and
Afghanistan, and
WHEREAS, it continues to be the desire of Common Council to ease the financial strain on the
families of those Reservists continuing to serve their country due to active military action; now,
therefore be it
RESOLVED, That upon the signing of a Memorandum of Understanding with the CSEA
Administrative Unit, CSEA Department of Public Works Unit, Police Benevolent Association,
Ithaca Professional Firefighters Association, Chief Officers Unit, and the City Executive
Association, the City will pay the difference between the military pay received from the United
States Government and/or the State of New York by a City employee and the base City salary
such employee would have received for his/her regularly scheduled work week if such employee
had not been called to active duty, through March 31, 2012, and be it further
RESOLVED, That in the event that an employee’s military pay exceeds or equals his/her base
City salary, no supplemental pay shall be authorized, and be it further
RESOLVED, That upon the signing of a Memorandum of Understanding with the CSEA
Administrative Unit, CSEA Department of Public Works Unit, Police Benevolent Association,
Ithaca Professional Firefighters Association, Chief Officers Unit, and the City Executive
Association, the City will hereby continue to provide individual and family health insurance
coverage, in the same manner as it was provided when the employee was working, through
March 31, 2012, for those employees called to active duty.
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17. Human Resources
.2 Amendment to Personnel Roster – Human Resources Department
WHEREAS, the Manager of Organizational Development has been called to active military duty
for a minimum of twelve months, and
WHEREAS, in recognition of the City’s budget situation, the Human Resources Department is
willing to leave the position vacant during the Manager of Organizational Development’s
absence, and
WHEREAS, the Human Resources Department will attempt to utilize existing staff to absorb
some of the position’s responsibilities, and will reduce or suspend the provision of other services
during the Manager of Organizational Development’s absence, and
WHEREAS, the Deputy Director of Human Resources has agreed to return to a full-time work
schedule to assist with this interim staffing plan, and
WHEREAS, this interim staffing plan will result in a significant budgetary savings for the City;
now therefore, be it
RESOLVED, That Common Council hereby amends the 2011 authorized Personnel Roster for
the Human Resources Department as follows: the workweek of the position of Deputy Director
of Human Resources is hereby increased from thirty (30) hours/week to forty (40) hours/week
effective immediately.
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17. Human Resources
.3 Request To Transfer Funds From Unrestricted Contingency
WHEREAS, in 2010, Mayor Carolyn K. Peterson formed an a working group to develop and
institute performance measures for all City Departments, and
WHEREAS, in 2011, Common Council provided funding to hire a consultant to work with the
City on organizational effectiveness strategies, and
WHEREAS, the working group has drafted a Request For Proposals to develop an
Organizational Effectiveness Framework that will enable the City to operate as effectively and
efficiently as possible, especially given the lean economic times, and
WHEREAS, in addition to the organizational effectiveness work to be conducted by the
consultant, the working group has determined that it is necessary and prudent to conduct a survey
to identify the services most important to the City residents, identify resident attitudes toward
city services, understand what services enhance the quality of life for city residents, as well as
establish a baseline for future surveys, and
WHEREAS, it is believed that the results of said survey will enable the City to align its limited
budgetary resources with city priorities, and
WHEREAS, the working group has identified a local resource, the Survey Research Institute at
Cornell, to develop a survey instrument , conduct a city-wide survey, and analyze the survey,
utilizing best practices, now therefore be it,
RESOLVED, That Common Council hereby authorizes the Controller to transfer an amount not
to exceed $6,500 from account A1990 unrestricted contingency to account A1430 5430 Human
Resources Fees for the purposes of funding said survey.
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17. Human Resources
.4 Request to Amend the Human Resources Department 2011 Budget
WHEREAS, the City of Ithaca has included in its 2011 authorized budget $5,000 for thirty (30)
city employees to participate in the 2011 Undoing Racism series facilitated by David Billing
from the People’s Institute, and
WHEREAS, the City of Ithaca is one of several local employers participating in this valuable
experience and has agree to serve as the point of contact for contracting with David Billings, and
WHEREAS, local employers have committed up to the sum of $10,000 additional funds for a
total not to exceed the sum of $15,000 that will be paid to the City of Ithaca to cover the cost of
their employees participating, and
WHEREAS, the City will issue a lump sum payment not to exceed $15,000 to David Billings for
all participants; now therefore be it
RESOLVED, That Common Council hereby amends the 2011 authorized budget for the Human
Resources Department by an amount not to exceed $10,000 for the purposes of accounting for
the 2011 Undoing Racism Series facilitated by David Billings as follows:
Increase Revenue Account:
A1430-2705 Donations $10,000
Increase Appropriation Account:
A1430-5440 Staff Development $10,000