HomeMy WebLinkAbout03-06-13 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING
A Regular meeting of the Common Council will be held on Wednesday, March 6, 2013,
at 6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green Street,
Ithaca, New York. Your attendance is requested.
AGENDA
1. PLEDGE OF ALLEGIANCE:
2. ADDITIONS TO OR DELETIONS FROM THE AGENDA:
3. PROCLAMATIONS /AWARDS:
4. SPECIAL ORDER OF BUSINESS:
5. SPECIAL PRESENTATIONS BEFORE COUNCIL:
5.1 Update /Report from Natural Areas Commission — Chair Joe McMahon
6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
7. PRIVILEGE OF THE FLOOR — COMMON COUNCIL AND THE MAYOR:
8. CONSENT AGENDA ITEMS:
City Clerk's Office:
8.1 Mercato Bar and Kitchen Restaurant Alcohol Permit Request - Resolution
8.2 Viva Taqueria & Cantina Alcohol Permit Request — Resolution
8.3 Sahara Restaurant Alcohol Permit Request - Resolution
8.4 Mahogany Grill Alcohol Permit Request - Resolution
City Administration Committee:
8.5 DPW - Amendment to Authorized Personnel Roster — Golf Course Manager -
Resolution
8.6 Department of Planning, Building and Economic Development - Amendment to
Authorized Personnel Roster — Housing Inspector - Resolution
8.7 DPW- Amendment to Authorized Personnel Roster — Director of Engineering
Resolution
8.8 DPW — Amendment to Authorized Personnel Roster - Temporary Civil Engineer
- Resolution
8.9 Controller's Office — Release Funds from Restricted Contingency for Software
Training and Improvements - Resolution
9. GOVERNMENT PERFORMANCE AND ACCOUNTABILITY COMMITTEE:
9.1 A Local Law to Amend §1 -1 of City of Ithaca Municipal Code entitled "Penalties
for Offenses"
9.2 An Ordinance to Amend Chapter 232 entitled "Licensing of Businesses and
Occupations," Article VI entitled "Taxicabs" Section 232 -58, entitled "Application
for Driver's License; Investigation and Refusal"
9.3 Update on last meeting from Committee Chair Mohlenhoff
Common Council Meeting Agenda
March 6, 2013
Page 2
10. CITY ADMINISTRATION COMMITTEE:
10.1 Authorization for Home Rule Request and Settlement Agreement Regarding
Conversion of Firefighter James Crowley's Retirement Plan with the State of New
York to the §384 -d Plan - Resolution
10.2 DPW — Water and Sewer Request to Amend Capital Project for Water Supply
Project Construction Phase - Resolution
10.3 City Chamberlain - Request to Deny Waiver of Penalty on School Taxes -
Resolution
10.4 DPW - Authorization to Implement and Fund the First Instance 100% of the
Federal Aid - Eligible Costs and State "Marchiselli" Program -Aid Eligible Costs, of
a Transportation Federal -Aid Project, and Appropriate Funds - Resolution
10.5 2014 Budget Process Discussion
10.6 City Controller's Report
11. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
No items were submitted for the agenda.
12. REPORTS OF SPECIAL COMMITTEES:
13. NEW BUSINESS:
14. INDIVIDUAL MEMBER — FILED RESOLUTIONS:
14.1 Alderperson Mohlenhoff — Adoption of the City of Ithaca Strategic Themes —
Resolution
14.2 Alderperson Smith - Resolution on Behalf of Ithaca Common Council in Support
of Governor Andrew M. Cuomo's Safe & Fair Gun Policy and the New York
Secure Ammunition and Firearms Enforcement Act (NYSAFE) to Mitigate Gun
Violence in Response to the Tragedies in Newtown, CT on December 14, 2012
and in Webster, NY on December 24, 2012.
15. MAYOR'S APPOINTMENTS:
15.1 Reappointments to Youth Council Advisory Board — Resolution
15.2 Appointment to Youth Bureau Advisory Board — Resolution
16. REPORTS OF COMMON COUNCIL LIAISONS:
17. REPORT OF CITY CLERK:
18. REPORT OF CITY ATTORNEY:
19. MINUTES FROM PREVIOUS MEETINGS:
19.1 Approval of the February 6, 2013 Common Council Meeting Minutes —
Resolution
19.2 Approval of the February 8 -9, 2013 Special Common Council Meeting /Retreat
Minutes - Resolution
Common Council Meeting Agenda
March 6, 2013
Page 3
20. ADJOURNMENT:
If you have a disability that will require special arrangements to be made in order for you
to fully participate in the meeting, please contact the City Clerk at 274 -6570 at least 48
hours before the meeting.
rat, 1
lie Conley Holcorhb, CIVIC, City Clerk
Date: February 28, 2013
8. CONSENT AGENDA ITEMS:
City Clerk's Office:
8.1 Mercato Bar and Kitchen Restaurant Alcohol Permit Request - Resolution
WHEREAS, the City Clerk's Office has received a request to allow Mercato Bar and
Kitchen Restaurant to utilize certain areas along North Aurora Street for outdoor dining,
and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at Mercato Bar and Kitchen Restaurant, including the responsible sale and
consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2013, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for Mercato Bar and
Kitchen Restaurant that includes the sale of alcohol in accord with the terms and
conditions set forth in application therefore, including minimum Dram Shop coverage in the
amount of $1,000,000 and the approval of an outdoor dining permit.
8.2 Viva Taqueria & Cantina Alcohol Permit Request - Resolution
WHEREAS, in 1998 the City of Ithaca issued a license to the Viva Taqueria & Cantina
Restaurant allowing that restaurant to utilize certain areas along Aurora Street for outdoor
dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Viva Taqueria & Cantina Restaurant, including the responsible sale
and consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2013, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Viva Taqueria &
Cantina Restaurant that includes the sale of alcohol in accord with the terms and
conditions set forth in application therefore, including minimum Dram Shop coverage in the
amount of $1,000,000 and the approval of an outdoor dining permit.
8.3 Sahara Restaurant Alcohol Permit Request - Resolution
WHEREAS, the Sahara Restaurant has requested permission to utilize certain areas
along Aurora Street for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow
the serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Sahara Restaurant, including the responsible sale and
consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a
minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2013, Common Council hereby approves a revocable
Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the
Sahara Restaurant that includes the sale of alcohol in accord with the terms and
conditions set forth in application therefore, including minimum Dram Shop coverage in
the amount of $1,000,000 and the approval of an outdoor dining permit.
8.4 Mahogany Grill Alcohol Permit Request - Resolution
WHEREAS, the City Clerk has received a request to allow the Mahogany Grill restaurant
to utilize certain areas along Aurora Street for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Mahogany Grill Restaurant, including the responsible sale and
consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2013, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Mahogany Grill
Restaurant that includes the sale of alcohol in accord with the terms and conditions set
forth in application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
City Administration Committee:
8.5 DPW - Amendment to Authorized Personnel Roster — Golf Course Manager
- Resolution
WHEREAS, the Board of Public Works has approved a new management plan for
Newman Golf Course with the goal of increasing usage, increasing revenue, and
reducing costs, and
WHEREAS, that plan supports creation of a Golf Course Manager position and
WHEREAS, Common Council has funded a Golf Course Manager in the 2013 budget
and
WHEREAS, The Golf Course Manager position as defined, is evaluated as appropriate
to be assigned to the Executive Association bargaining unit; now, therefore be it
RESOLVED, That the Personnel Roster of the Department of Public Works is amended
as follows:
Add: One (1) Golf Course Manager (40 hours)
and be it further
RESOLVED, That the position of Golf Course Manager shall be assigned to the City
Executive Association at salary grade C (Position Grade 5), and be it further
RESOLVED, That for the sole purpose of determining days worked reportable to the
New York State and Local Employees' Retirement System, the standard workday for
this position shall be established at eight (8) hours per day (forty (40) hours per week),
and be it further
RESOLVED, That funding for said position shall be derived from the existing 2013
authorized budget.
February 14, 2013
CITY OF ITHACA
245 Pier Rd., Ithaca, New York 14850
�f
DEPARTMENT OF PUBLIC WORKS, STREETS & FACILITIES
Ray Benjamin Asst. Superintendent of Public Works Streets& Facilities Division
Telephone: 607/272-1718 Fax: 607/272-4374
Memo
To: City Administration Committee
From: Ray Benjamin Acting Superintendent of Public Works
Re: Golf Course Manager
Background:
1. The Golf Course Manager of 30 years retired in Jan. 2011
2. Seasonal Staff that worked for the former manager was hired to operate the Golf
Course under Asst. Supt. Benjamin's general supervision and with Working
Supervisor (Grounds Keeper) watching day to day operations for the 2011 season.
3. City didn't like the arrangement of a single contract for former Golf Course Manager
and wanted to revise the job duties and job description and incorporate it into one of
the current bargaining units.
4. As 2012 budget cuts were developed there was conversation of closing down the Golf
Course because it operated at a deficit and that the Golf Course was considered a
possible location for dredging spoils. The Managers position was left unfilled and the
same seasonal staff was hired to cover the Golf Course operations in 2012.
5. In 2012 Staff and Friends of Newman combined their efforts and developed a plan to
make Newman financially self sustaining.
6. Golf Course staff came up with a plan to add a driving range that could be built by
City staff and be operational by 2014.
7. The plan was presented to the Board of Public Works and approved. The Golf Course
Managers position is part of the plan and funded in the 2013 budget.
"An Equal Opportunity Employer with a commitment to workforce diversification."
8.6 Department of Planning, Building and Economic Development - Amendment
to Authorized Personnel Roster — Housing Inspector — Resolution
WHEREAS, funding for an additional Housing Inspector position was approved as part
of the 2013 budget, and
WHEREAS, the Department of Planning, Building and Economic Development wishes
to move forward with creating and filling this position, and
WHEREAS, the additional Housing Inspector position is needed to fulfill New York State
mandates for the number of housing inspections performed, now, therefore, be it
RESOLVED, That the Personnel Roster of the Department of Planning, Building and
Economic Development be amended as follows:
Add: One (1) Housing Inspector
and be it further
RESOLVED, That the funding for this position shall be derived from the currently
approved 2013 Building Division of the Department of Planning, Building and Economic
Development budget.
8.7 DPW - Amendment to Authorized Personnel Roster - Director of
Engineering - Resolution
WHEREAS, funding for the Director of Engineering position was approved as part of the
2013 budget; now, therefore, be it
RESOLVED, That the Personnel Roster of the Department of Public Works be
amended as follows:
Add: One (1) Director of Engineering
Delete: One (1) Assistant City Engineer
and be it further
RESOLVED, That the position of Director of Engineering shall be assigned to the
Managerial Compensation Plan at salary grade 4, and be it further
RESOLVED, That for the sole purpose of determining days worked reportable to the
New York State and Local Employees' Retirement System, the standard workday for
this position shall be established at eight (8) hours per day (forty (40) hours per week),
and be it further
RESOLVED, That funding for said position shall be derived from the existing 2013
authorized budget.
8.8 DPW — Amendment to Authorized Personnel Roster - Temporary Civil
Engineer - Resolution
WHEREAS, the Commons Rehabilitation Project is of significant scope and duration as
to require creation of a project management team dedicated to efficient administration
and management of the project, and
WHEREAS, the current project load and staff levels precludes the DPW Engineering
Division from dedicating adequate personnel to this assignment, and
WHEREAS, the position of temporary Civil Engineer has been authorized by the Civil
Service Commission for the duration of the project, and
WHEREAS, the project budget was structured to include staffing for the services of a
Temporary Civil Engineer to provide construction oversight and inspection, now
therefore be it
RESOLVED, That Common Council hereby recommends the inclusion of a Temporary
Civil Engineer position on the 2013 DPW Engineering roster, and be it further
RESOLVED, That funding for said position shall be contingent only for the duration of
Capital Project #724 — Commons Reconstruction Project authorized funding.
To-
CITY OF ITHACA
108 Ea it Green. Street, Ithaca, New York 14850 -5690
OFFICE OF THE CITY ENGINEER
Telephone: 607/274 -6530 Fax: 607/274 -6587
City Administration Committee
Steve Thayer, Controller
From: Tom West, Director of Engineering
Date: February, 20, 2013
Re: DPW - Engineering — Temporary Civil Engineer
I am requesting the creation of a temporary Civil Engineer title to be added to thE,,
roster of the Engineering Division of the City of Ithaca Department of Public Works.
This position is beinci created specifically to meet the short term needs of the
Engineering Division (9 —10 months).
The position will be Staffed for the 2013 construction season from March through
November. The position will be vacated while projects are shut down for the winter,
2013114. We will fill the position again in 2014 for the same duration. Funding for this
position is provided by authorized project budgets. The title will be de- funded upon
completion of the prc jests.
As with similar titles in the Engineering Division this position has a strong focus on
construction contract administration, inspection and technical compliance with
specifications.
"An Equal Opportunity Employer with a commitment to workforce diversification."
8.9 Controller's Office — Release Funds from Restricted Contingency for
Software Training and Improvements - Resolution
WHEREAS, as part of the 2013 Authorized City Budget, an amount of $45,000 was
placed in Restricted Contingency to allow for improvements and training to the City's
financial software MUNIS, and
WHEREAS, the improvements will include the Capital Project Fund Development,
payroll system improvements, various MUNIS training and a general redeployment of
MUNIS to various City staff; and
WHEREAS, the Controller's Office is currently working with our MUNIS representative
to establish a work plan and timeline for the improvements and training, which will occur
during 2013 and 2014; now, therefore be it
RESOLVED, That Common Council hereby authorizes the transfer of an amount not to
exceed $45,000 from Account A1990 Restricted Contingency to Account A1315 -5435
Controller's Office Contracts for the purpose of said MUNIS software improvements and
training.
9. GOVERNMENT PERFORMANCE AND ACCOUNTABILITY COMMITTEE:
9.1 A Local Law to Amend $1 -1 of City of Ithaca Municipal Code entitled
"Penalties for Offenses"
Local Law — #2013-
BE IT ENACTED BY the Common Council of the City of Ithaca as follows:
Section 1.
Section 1 -1 of the City of Ithaca Municipal Code Entitled "Penalties for Offenses" is
hereby amended to read as follows:
§ 1 -1. Penalties for offenses.
A. Unless a different penalty is specified, violations of the provisions of this Code
shall be punishable by a fine of not more than $250 or imprisonment for a term of not
more than 15 days, and not less than $100 or 25 hours of community service. For the
purpose of determining the appropriate fine, each day on which the violation continues
to exist shall be considered a separate offense. In no case shall a term of imprisonment
exceeding 15 days be imposed as a penalty for violations of this Code, no matter how
many days of violation are charged, unless, by separate Code section, the violation has
been classified as a misdemeanor.
B. Notwithstanding the penalty provisions of the preceding subsection or other
penalties specified in subsequent sections of this Code, the penalties for violation of the
Code sections listed below shall be: not more than $40 nor less than $20 for a first
offense at the same property; not more than $60 nor less than $30 for a second offense
at the same property; and not more than $100 nor less than $50 for a third offense at
the same property, if a conviction for such offense occurs within the same twelve -month
period. Each day on which the condition exists may be charged and shall be considered
as a separate offense. [Amended 7 -2 -2002 by L.L. No. 3 -2002]
Code Section
196 -5
(Uncollected garbage)
210 -35
(Open areas)
210 -36C
(Accessory structures)
210 -38
(Garbage and refuse)
272 -4D
(Mobile signs)
272 -4E
(Banners and pennants)
285 -5
(Sidewalks)
325- 20C(1)0) (Front yard parking)
325 -20D
(Front yard parking)
325- 23B(1)
(Yard maintenance)
C. Notwithstanding any contrary Code provision, appearance tickets may be issued
by the Building Commissioner and /or Commissioner's designee(s) charging violations of
any of the above sections whenever there is probable cause to believe that said
violations have occurred. Any rights to administrative appeals to any board or
commission of the City of Ithaca mentioned in any subsequent section of this Code shall
not apply as a condition precedent to issuing an appearance ticket charging a violation
of any of the above - listed Code sections. Any right to an administrative appeal from a
decision or determination of the Building Commissioner or other city official with regard
to the above Code sections shall apply only in cases in which the city intends to correct
the violation and seek to charge the property owner or other responsible party for the
costs of correction.
D. Violations of any provisions of this code for which the penalty is designated as a
Civil Offense under § 1 -1 shall be punishable by a fine not to exceed $250 or 50 hours
of community service.
Section 2.
Severability. If any section, sentence, clause or phrase of this law is held invalid or
unconstitutional by any court of competent jurisdiction, it shall in no way affect the
validity of any remaining portions of this law.
Section 3.
Effective Date. This Local Law shall take effect after it is filed in the office of the
Secretary of State.
9.2 An Ordinance to Amend Chapter 232 entitled "Licensing of Businesses and
Occupations," Article VI entitled "Taxicabs" Section 232 -58, entitled "Application
for Driver's License; Investigation and Refusal"
ORDINANCE NO. 2013-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Chapter 232 of the City of Ithaca Municipal Code entitled "Licensing of
Businesses and Occupations", Article VI Entitled "Taxicabs ", Section 232 -58, entitled
"Application for driver's license; investigation and refusal" is hereby amended to read as
follows:
A. Contents.
(1) Every applicant for a taxicab driver's license shall submit a signed and sworn
application upon such forms as shall be required by the Chief of Police, showing
compliance with the requirements hereinabove set forth and such other information as
shall be deemed necessary and reasonable by the Chief of Police in the interest of
safety, health and welfare. Such information that is required by the Chief of Police shall
include but not be limited to a statement giving:
(a) The full name and place of residence of the applicant.
(b) The applicant's date of birth, height, color of eyes and hair and place of birth.
[Amended 8 -5 -1992 by L.L. No. 3 -1992]
(c) Whether or not the applicant is a citizen of the United States.
(d) Places of employment for the previous five years.
(e) Whether the applicant has ever been convicted of a felony or misdemeanor.
(f) Whether the applicant's driver's license has ever been suspended or revoked and, if
so, for what cause.
(g) The chauffeur's license number issued by the state.
Submit a certification of physical examination to be signed by a licensed
Physician, Physician's Assistant, or Nurse Practitioner.
Such statement shall be signed and sworn to by the applicant and filed with the
Chief of Police.
B. False information; effect and action thereon. Any false statement by the applicant for
a taxicab driver's license shall be cause for refusing the license or revoking the license
after it is issued, and any such false statement shall be promptly reported by the Chief
of Police to the District Attorney.
C. Photographs of drivers. Each applicant for a taxicab driver's license must file with
his /her application two unmounted, unretouched, good - likeness photographs of the
applicant, full face size, two inches by two inches. The face portion shall not be less
than 1 3/4 inches high, with the balance in normal prospective proportion. The
photograph shall be taken within 30 days of the date of the application by means of a
permanent, nonfading process. The applicant shall be hatless in the photograph. A copy
of the photograph shall be filed with the application and another copy attached to the
license to be issued hereunder.
D. Fingerprinting of drivers. The applicant shall submit to fingerprinting by the Police
Department and shall furnish a set of fingerprints to accompany the application which
shall be kept on file as a permanent record.
E. Authorization for investigation. Accompanying each application, the applicant shall
furnish to the Chief of Police, on a form provided by the Chief of Police, a signed
authorization by the applicant permitting any person to divulge and report to the Chief of
Police any matter which might otherwise be confidential, without limitation.
F. Investigation. After receipt of an application, the Chief of Police shall institute an
investigation of the applicant, including the applicant's driving record, and no license
shall be issued under the provisions of this article until the Chief of Police has indicated,
in writing, approval thereof after such investigation has been completed.
G. Refusal of license. If the results of the investigation are unsatisfactory, in the opinion
of the Chief of Police, the applicant shall be refused a license, subject to the provisions
hereof for hearings.
Section 2. Section 232 -69 (A) entitled "Operating Regulations" is hereby amended to
read as follows:
A. Drivers' rules. Every person operating a taxicab for business purposes licensed
pursuant to this article shall:
(1) Nondiscrimination: not refuse or neglect to convey any orderly person upon request
in the City unless previously engaged or unable or forbidden by the provisions hereof so
to do.
(2) Multiple passengers: not carry any other person than the first person employing the
taxicab unless the person first employing the taxicab shall not object to the acceptance
of each additional passenger.
(3) Trip records: keep a written record in ink of all trips on a form approved by the Chief
of Police. Entries on such forms shall be made as each trip is completed.
(4) Lost articles: examine the interior of the vehicle after the termination of each trip for
any articles left or lost in the vehicle and immediately take such property to the desk
officer at the Police Department, in compliance with Article 7 -B of the Personal Property
Law.
(5) Accident reports: report all accidents as required by the Vehicle and Traffic Law to
the Police Department. The Chief of Police may require that a taxicab be reinspected
prior to its return to service.
(6) Change of residence: report each change of residence within 10 days after such
change to the Chief of Police.
(7) Smoking or drinking on duty: not smoke while the vehicle is carrying passengers,
unless smoking is permitted by the passenger, and not drink alcoholic beverages during
any tour or shift of duty.
(8) Rate cards for passengers: at all times while on duty have available in the taxicab a
supply of rate cards issued pursuant to this article, which rate cards shall be furnished
to any passenger requesting the same and be displayed in a place designated by the
Chief of Police.
(9) Work schedule: not operate any vehicle:
(a) For longer than 12 hours of any twenty- four -hour period.
(b) For longer than 12 hours in any one tour or shift of duty.
(c) With less than eight hours' relief from duty after working 12 hours of the twenty -four-
hour period preceding the commencement of such relief from duty.
(10[ -14) Cooperation with police: not conceal any evidence of crime nor voluntarily aid
violators to escape arrest. A driver shall report as soon as possible to the police any
unlawful act connected with such driver's vehicle or any attempt to use that vehicle to
commit a crime or escape from the scene of a crime.
(11 [24) Receipts to passengers: upon request of a passenger, issue a receipt for fares
paid by the passenger.
(12[3}) Nonpaying passengers: not permit any passengers in a taxicab except a paying -
fare passenger during such time as the taxi is being used for business purposes or is
being made available for the carrying of paying passengers.
(13[4}) Locked doors: not operate a taxicab in which the doors in each compartment
cannot be unlocked from the inside.
Section 3: Severability. If any section, subsection, sentence, clause, phrase or portion
of this ordinance is held to be invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity of the remaining portions of
this ordinance.
Section 5. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
- - - - -- -
-- - --
- - - - -
X rd 4h E an
. _ .... _ ATI.
011171A410 _
IN
I . . _ . _ ON
0
0
. 0 -_
(10[ -14) Cooperation with police: not conceal any evidence of crime nor voluntarily aid
violators to escape arrest. A driver shall report as soon as possible to the police any
unlawful act connected with such driver's vehicle or any attempt to use that vehicle to
commit a crime or escape from the scene of a crime.
(11 [24) Receipts to passengers: upon request of a passenger, issue a receipt for fares
paid by the passenger.
(12[3}) Nonpaying passengers: not permit any passengers in a taxicab except a paying -
fare passenger during such time as the taxi is being used for business purposes or is
being made available for the carrying of paying passengers.
(13[4}) Locked doors: not operate a taxicab in which the doors in each compartment
cannot be unlocked from the inside.
Section 3: Severability. If any section, subsection, sentence, clause, phrase or portion
of this ordinance is held to be invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity of the remaining portions of
this ordinance.
Section 5. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
10. CITY ADMINISTRATION COMMITTEE:
10.1 Authorization for Home Rule Request and Settlement Agreement Regarding
Conversion of Firefighter James Crowley's Retirement Plan with the State of New
York to the § 384 -d Plan - Resolution
WHEREAS, Firefighter James Crowley has served the City as a professional Firefighter
in excess of 20 years; and
WHEREAS, pursuant to New York State Retirement and Social Security Law § 384 -d,
the State offered an optional twenty (20) year retirement plan for firefighters who choose
to enroll in said plan, and
WHEREAS, upon commencement of Firefighter Crowley's employment in March 1989,
the paperwork that enrolled him in a retirement plan was filed with the State in a manner
that did not enroll him in the § 384 -d Plan; and
WHEREAS, Conversion of Firefighter Crowley's retirement plan to the § 384 -d Plan
would permit him to retire this year, to the mutual benefit of Firefighter Crowley and the
City; and
WHEREAS, Conversion of Firefighter Crowley's retirement plan to the § 384 -d Plan can
only be achieved via special legislation enacted by the State after issuance of a Home
Rule request by the City; and
WHEREAS, the fiscal implications of said conversion, special legislation, and home rule
request will result in the State billing the City in an amount estimated at $112,000, and
not to exceed $125,000; and
WHEREAS, subject to approval of the Common Council, Firefighter Crowley, the Ithaca
Professional Firefighters Association ( IPFFA), and the City have negotiated a mutually -
satisfactory cost - sharing for Firefighter Crowley's enrollment conversion into the § 384 -d
retirement plan, as reflected in a Settlement Agreement dated February 1, 2013, to date
signed by Firefighter Crowley and the IPFFA but not by the City; and
WHEREAS, said Settlement Agreement specifies that —upon State legislative
enactment effectuating Firefighter Crowley's retirement conversion — Firefighter Crowley
will relinquish to the City $78,640 in accrued time and will thereafter retire within 60
days of the City sending him notice of the retirement conversion; and
WHEREAS, said Settlement Agreement would therefore leave the City to absorb an
estimated $33,360 of the expense of said conversion; AND
WHEREAS, the Common Council believes that it would be in the best interest of the
City to request the New York State Legislature to adopt such home rule legislation; now,
therefore, be it
RESOLVED, As follows:
and
1. The Mayor is hereby authorized to execute the Settlement Agreement
dated February 1, 2013, to date signed by Firefighter Crowley and the
IPFFA but not by the City, by which Firefighter Crowley will relinquish to
the City $78,640 in accrued time towards the estimated $112,000 cost of
Firefighter Crowley's retirement conversion; and
2. The Mayor is hereby authorized to request the New York State Assembly
and New York State Senate to enact legislation to allow Firefighter James
M. Crowley conversion of his Retirement Plan to the § 384 -d Plan under
the Retirement and Social Security Law in order to enable Firefighter
Crowley's prompt retirement this year; and
3. The Mayor or his designee is hereby authorized to execute and to submit
any documentation or related paperwork that may be required to
implement Firefighter Crowley's retirement conversion to the § 384 -d Plan;
4. Subject to successful conversion of Firefighter Crowley's retirement plan
pursuant to State legislative enactment, the Common Council hereby
approves payment by the City Controller to the State of an amount not to
exceed $125,000 from Account A3410 -9015; and
5. The City Controller is authorized to make any needed account transfer to
allow for said retirement payment.
(0,DC'm
SETTLEMENT AGREEMENT
sT FZ4.
This settlement agreement ( "Agreement ") is made and entered into on the day of-kmanr$,
2013, by and between the City of Ithaca, 108 E. Green St., Ithaca, NY 14850 and the Ithaca
Professional Fire Fighters Association (IPFFA), Local 737, IAFF, benefitting fire fighter and
Local 737 member James Crowley, on whose behalf the IPFFA has brought about this
Agreement (all three of aforesaid parties shall collectively be referred to as "the parties "). The
parties' signatures below each indicate their individual and collective approval, binding
agreement, and willingness to perform each of the terms herein, as follows:
1. This Agreement and each agreement in it is hereby made and entered for good and
adequate consideration between the parties in resolution of the dispute amongst them
regarding the New York State retirement plan enrollment of fire fighter James Crowley.
2. The parties enter this Agreement for the purpose of accomplishing (a) a conversion of
Mr. Crowley's retirement plan with the State of New York to the 3 84d retirement plan
and (b) Mr. Crowley's actual retirement from City service within the time period
specified below. However, this Agreement shall only bind the parties in the event that a
"Picture Bill" converting Mr. Crowley's retirement status to 384d is duly enacted and
implemented by the State of New York ( "Successful Retirement Conversion "). Failing
Successful Retirement Conversion, no party to this Agreement shall bear any
responsibilities or liabilities whatsoever as a function of this contract.
3. The City hereby agrees that it will in good faith voice support for James Crowley's
Successful Retirement Conversion and all of the provisions of this Agreement before its
own City Council, including any request from State Legislative or Retirement agencies'
requesting from the Ithaca City Council a "home rule message" as part of this
Retirement Conversion process for Mr. Crowley. Further, the city agrees that it will in
good faith voice support for James Crowley's Successful Retirement Conversion and all
of this Agreement's provisions before any State Legislative, Executive, or Retirement
agency and that the City will pay all proper bills directed to the City of Ithaca by New
York State resulting from this said Successful Retirement Conversion.
4. The City further agrees that upon this Successful Retirement Conversion, the City will
send written notice of the same to Mr. Crowley at 32 Fleming Street, Auburn, NY, 13201
and to the President of the IPFFA at P.O. Box 711, Ithaca, NY 14851.
5. Mr. Crowley and the IPFFA further irrevocably and unconditionally agree and commit
that, upon Successful Retirement Conversion, Mr. Crowley will fully retire from all City
employment no later than 60 days after the City has sent said written notice of Successful
Retirement Conversion. Should he fail to retire by that time, the City may initiate
proceedings to require the same and, pending resolution of those proceedings, the parties
agree that Mr. Crowley will irrevocably waive all benefits and compensation in excess of
$1 per year.
1
6. Mr. Crowley and the IPFFA hereby agree that upon Successful Retirement Conversion,
and by force of this Agreement alone, Mr. Crowley will automatically, irrevocably, and
without need for further authorization from Mr. Crowley or the IPFFA relinquish to the
City without right or reservation $78,640 in accrued time, as valued by the City
Controller at the time that the City Controller deducts the same from Mr. Crowley's
accrued time. The $78,640 value will consist of the following, if available to Mr.
Crowley at the time that the City Controller makes the deductions from Mr. Crowley's
accrued time: 240 Vacation hours, 1969 Sick hours, 110 Holiday hours, and 7 Comp
hours, using the 2013 buyout rate of $33.8434 to calculate the $78,640.00 value. If any of
the specific time/benefits described here are for any reason unavailable for "payment"
towards the said $78,640 total, the City reserves the right to deduct from Mr. Crowley
any other accrued /available time/benefits, as valued by the City Controller, in order to
reach this said $78,640 amount that Mr. Crowley owes. Any accrued time balance left in
excess of the $78,640 amount described herein shall be paid to Mr. Crowley pursuant to
the parties' CBA.
7. Mr. Crowley further agrees that he will maintain at least $78,640 in accrued time with the
City until Successful Retirement Conversion, and that failing the same he hereby accepts -
-by force of this agreement -- legally binding personal liability to the City for that amount
by which his accrued time falls short of $78,640 in value, as valued by the City
Controller, said liability to be paid to the City no later than 14 days after the City has sent
notice of Successful Retirement Conversion. Mr. Crowley further agrees that his failure
to pay any such liability no later than 14 days after the City has sent notice of Successful
Retirement Conversion shall entitle the City to (a) deduct without further process the
amount of that liability from any subsequent compensation due to Mr. Crowley and (b)
initiate legal proceedings for recovery of such liability, and that Mr. Crowley will be
liable for all legal fees and costs incurred by the City in recovering such liability.
8. Mr. Crowley also understands that he has had the opportunity to show this document to
outside counsel for review but has reviewed the provisions herein, the financial figures,
and the reciprocal promises of all parties, and is satisfied that there is no need to have this
Agreement reviewed by outside counsel. He further acknowledges that in all of the
negotiations that created this Agreement, neither the City's counsel nor Local 737's
counsel had or presently has a lawyer - client relationship with Mr. Crowley, and he
accepts the terms of this document and agrees the Local Union has advanced its best
efforts to achieve a positive result for Mr. Crowley given the underlying circumstances.
Agreed to by:
(City of Ithaca)
( IPFFA, Local 737) a ! / 3
(James Crowley)
10.2 DPW — Water and Sewer - Request for Funding for Water Supply Proiect
Construction Phase - Resolution
WHEREAS, The City of Ithaca Water distribution system serves approximately 30,000
customers, and the City's Water Treatment Plant produces approximately one billion
gallons of water annually, and
WHEREAS, the City's Water Treatment Plant was originally constructed in 1903 and
upgraded in 1951. Since its construction, City workers have maintained the functionality
of the plant to meet changing water quality regulations. Now beyond 110 years, the
facility is operating past its useful life, and
WHEREAS, the City of Ithaca, in April 1996, issued a Request for Proposals for a
"comprehensive water system evaluation ", intended to "focus on studying,
recommending, designing and managing initial construction improvements principally to
serve the City of Ithaca and its surrounding customer needs for the next 50 years", and
WHEREAS, following the submission of proposals, the City selected O'Brien & Gere for
this work and entered into an initial contract with them in September of 1996, and
WHEREAS, in 1999, as part of its adopted City budget for 2000, Common Council
established a Capital Project for the Water Source Project (CP #510), in the amount of
six million dollars ($6,000,000.00), and
WHEREAS, in 2005, the rebuild of City system or the purchase of water from Bolton
Point were selected as the two alternatives for evaluation by the City, and
WHEREAS, Common Council approved a new contract with O'Brien & Gere in October
of 2005 to provide "phased engineering and environmental review assistance to support
proposed improvements to the City's water supply system ", contract executed by Mayor
and OB &G December 9, 2005, and
WHEREAS, a Final Environmental Impact Study was published in 2009, and
WHEREAS, on October 14, 2009 Common Council approved the rebuild option to
address the City of Ithaca's future water supply needs, and
WHEREAS, and the City of Ithaca Site Plan Review process was completed in 2012,
and
WHEREAS, the City's engineering consultant O'Brien and Gere entered the final design
phases of the Water Supply Project in 2012 and will be complete in 2013, and,
WHEREAS, we are currently in the bidding phase of the project for the membrane
purchase, the control systems integration contract, and contracts number 2 and 3 of the
Water Supply Project, and
WHEREAS, our consultant has estimated the cost of the construction phases for the
Water Supply Project and has provided us with this estimate as well as a cash flow
projection for the entire project (copy attached), and
WHEREAS, the total project cost estimate is $36,969,969 which is distributed within all
the Water Supply Project contracts as follows:
Contract No.
Contract Name
1
Sixty Foot Dam & Reservoir Improvements
2
Water System Improvements
3
Giles Street and Interconnection Building
4
Water Treatment Plant
Part of 4
Membrane Purchase
Part of All
Control Systems Integration Contract
OB &G
Design & Construction Engineering
Ongoing Contingency (10 %)
and
Cost Est.
$5,050,000
$1,300,000
$3,150,000
$15,300,000
$410001000
$500,000
$4,000,000
$3,669,969
Bid Date
June 2013
March 2013
March 2013
Sept. 2013
Feb. 2013
Feb. 2013
WHEREAS, capital project #510 Water Treatment Plant Improvements /Reconstruction
has a remaining balance of $3,041,191 from the original $6,000,000 authorization, and
WHEREAS, approximately $600,000 of the funds expended from Capital Project #510
were not included as part of the engineer's project cost estimate and therefore need to
be added to the overall authorization, and
WHEREAS, the City has established Capital Reserve #16 Water Sources Development
with a current balance of approximately $3,766,000, to help offset some costs of said
project; now, therefore, be it
RESOLVED, That Common Council hereby amends Capital Project #510 Water
Treatment Plant Improvements /Reconstruction by an amount not to exceed
$30,969,969 for a total project authorization of $36,969,969, and be it further
RESOLVED, That funds needed for said project amendment shall be derived from a
combination of fund transfers from Capital Reserve #16 Water Sources Development
and the issuance of Serial Bonds as determined by the City Controller, and be it further
RESOLVED, That the Board of Public Works with the Superintendent of Public Works
are authorized to bid and award of each of the component contracts (listed above).
10.3 City Chamberlain - Request to Deny Waiver of Penalty on School Taxes -
Resolution
WHEREAS, the owners of 403 S. Aurora Street did not receive the bill for Ithaca City
School District taxes because the district had not been provided the correct mailing
address, and
WHEREAS, the taxes were returned to the City of Ithaca for collection and enforcement
in January, 2013, and
WHEREAS, the City after investigation mailed the notice of the unpaid taxes to the
correct mailing address, and
WHEREAS, the owners of the property request a waiver of the interest and penalties
because they did not receive a copy of the tax bill during the penalty free period, and
WHEREAS, the New York State Real Property Tax Law §922 and §1154 state that the
failure to receive the bill does not affect the validity of the taxes, interest and penalties,
and
WHEREAS, New York State Real Property Tax Law §1182 prohibits the City from
waiving penalties due to the Ithaca City School District and
WHEREAS, the State Comptroller's office has issued opinions that there is no authority
to waive the 5% penalty due to the City; now therefore be it
RESOLVED, The request is hereby denied.
CITY OF ITHACA
108 Ea it Green Street Ithaca, New York 14850 -5690
OFFICE ( iF THE CHAMI3FRI,AIN
Telephor e: 607/274. -65,30 Fax: 607,272 -7348
To: City Admir. istration Committee
From: Debra Parsons, City Chamberlain
Re: Request for Waiver of Penalty on School Taxes
Date: February 1 I , 2013
I received the attael ied letter requesting the waiver of penalty on school taxes.
The City receives a 1dxess changes from multiple sources throughout the. year.
Periodically, we sei id these address changes to the Assessment department so that they
can update their records. Our records show that we sent a new mailing address for the
property located at 103 S. Aurora Street. to Assessment in November, 2011. This should
have permanently changed the address for all taxing authorities from that point forward.
Apparently, this address change was not done by the Assessment department.
Ithaca City School 1 district issues tax bills, from October, payable without penalty,
through December, payable with an additional 3% penalty, based on information received
from Tompkins Coi inty Assessment. After the initial collection period, they turn the
taxes over to the appropriate enforcing officer; the City in the case of properties within
the City, or the Cou aty for properties outside the City. The amount collected becomes
the base tax plus 3° /,,, plus 1% interest penalty per month due the school, plus 5% penalty
due the City. Because the address change had not been completed at the Assessment
department, the Sch col District was given these owners' old mailing address. The
forwarding period had expired when the bill for 2012 -2013 taxes was issued, and this bill
was returned to the ; ►chool as undeliverable. When it remained unpaid at the end of
December, 2012, thy; school turned it over to the City for collection. The amount due for
the School taxes on 403 S. Aurora Street in January was $2,962.95, calculated as
$2,712.54 due in October, 2012, plus $81.38 due in interest through December, 2012,
plus an additional $27.94 due the school district in January, plus $141.09 due the City.
We maintain multiple sets of addresses for each property; one address for the "owner"
and as many "mailir g" addresses as necessary for owners, third parties, escrow
companies, managing agents, etc. Each December, we receive an electronic tax rol l from
the County that updLtes name and address information as necessary, as well as
assessment and tax I I-vy figures. In this case, we still had the owners' previous "mailing"
address listed as suc i, and when we received the files for the 2013 taxes from the County,
the "owner" record r -.verted to the previous address since it still had not been changed by
the County, but the r Zailing address did not, because that old address was listed as a
previous address in t he mailing address tables. Consequently, 2013 City and County bills
"An l qual Jpportuniry I rnployer with a Commitment to workforce diversification."
were sent to the correct mailing address. However, the notice that is issued in January
for unpaid school tax bills, a form created using our ,report writer functic n, uses the
"owner" address, not the "mailing address." The notice we issued for th � unpaid school
taxes was returned, and we then discovered the failure of the Assessmen: department to
update the mailing address for this property. The notice was re- mailed to the correct
address.
Ne x York Real Property Tax Law §922 (relating to the levy and collecti :)n of taxes) and
§ 1182 (relating to the collection of delinquent taxes) both state that a star ement will be
marled to the tax billing address listed. They further state that the failure to receive the
bill does not invalidate the tax or the interest and/or penalty prescribed b r law. Section
I If 4 states "The failure of the collecting officer to mail such statements Shall not
invalidate or otherwise affect such tax nor prevent accruing of any interest or penalty
imposed for the non - payment thereof.."
Section 1182 states "If the governing body of any tax district shall determine that
is for the best interests of the tax district, it shall have the power, by resolution, to
authorize the enforcing officer to permit the cancellation in whole or in p art of an interest,
penalties or other charges imposed by law to which the tax district or any other municipal
corporation shall be lawfully entitled ... (N)o reduction or remission in wl.ole or in part of
such interest, penalties, or other charges shall be made without the consei it of the
municipal corporation affected..." The state comptroller has issued opin :ons under Real
Praperty Tax Law Article 13, "Special Provisions Relating to School Districts," that no
muxdeipal officer or board may waive the penalties imposed for paying school district
taxes after the initial 31 -day interest free period, and that there is no authority by which
the additional 5% penalty can be waived. In 2001, Common Council passed a resolution
establishing guidelines under which penalties might be waived. That. resolution excluded
inst inces where the customer had not received the tax bill.
Reviewing this case, I believe:
• That we do our best to insure each bill is delivered to the correct address,
changing many hundreds of mailing addresses each year, End in this case,
can show we notified the County Assessment office of the owners' new
correct mailing address. When the second notice for these taxes was
returned in January, (the first notice issued by the School District in
October), we made the effort to find the new address and r -,-mail the
notice. I also spoke to the Assessment department about a)rrecting their
records. The delinquent school tax roll is dated January 1 f th. We mailed
our first notices on January 17th. This notice was re- mailer 1 on January
30`h. The warrant to collect these school taxes wasn't sign.d until January
22"d.
• That I as the collecting officer am required by law to collect the interest
and penalties as defined by the law.
• That the City has no authority to waive the interest penaltics due the
school district, and that the State Comptroller's office has issued an
opinion that the school district has no authority to waive th � interest
penalty. The school district has indicated they will not waive their
pen alties.
• Thz.t it is possible that Common Council could waive all or part of the 50io
due to the City, if it believes it is for the "best interests of the tax district,"
although there is a conflicting opinion from the State Comptroller's office.
I can certainly and -Irstand the frustration of the property owner. 1 can also appreciate that
waiving penalties on- taxes cannot be a judgment call for me, subject to my
'interpretations, inc.inations or prejudices.
As a starting point, I have submitted a resolution to deny the waiver of the penalties.
WHEREAS, the oz mess of 403 S. Aurora Street did not receive the bill for Ithaca City
School District taxes because the district had not been provided the correct mailing
address, and
WHEREAS, the ta. h,es were returned to the City of Ithaca for collection and enforcement
in January, 2013, and
WHEREAS, the City after investigation mailed the notice of the unpaid taxes to the
correct mailing address, and
WHEREAS, the ova rners of the property request a waiver of the interest and penalties
because they did nc t receive a copy of the tax bill during the penalty free period, and
WHEREAS, the Nc w York State Real Property Tax. Law §922 and § 1154 state that the
failure to receive th ; bill does not affect the validity of the taxes, interest and penalties,
and
WHEREAS, New York State Real Property Tax Law § 1182 prohibits the City from
waiving penalties di ze to the Ithaca City School District and
WHEREAS, the Sty to Comptroller's office has issued opinions that there is no authority
to waive the 5 % per salty due to the City, now therefore be it
RESOLVED, the re Iuest is hereby denied.
10.4 Authorization to Implement and Fund the First Instance 100% of the Federal
Aid - Eligible Costs and State "Marchiselli" Program -Aid Eligible Costs, of a
Transportation Federal -Aid Project, and Appropriate Funds - Resolution
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, Right -
of -Way Incidentals, Construction and Construction Inspection; and
WHEREAS, on March 2, 2011, Common Council authorized Capital Project # 770 in the
amount of $92,000 for the preliminary engineering /design and right -of -way phases of
the project, with the understanding that the City share would be $18,400,
WHEREAS, as part of the 2012 City Budget, Common Council approved an additional
$324,000 for the Project, for a total of $416,000, and
WHEREAS, the Board of Public Works, acting as the lead agency, declared on March
267 2012, that the project would not have a significant negative environmental impact in
accordance with the City Environmental Quality Review Ordinance and the New York
State Environmental Quality Review Act, and
WHEREAS, on March 26, 2012, the Board of Public Works approved plans for the
project, now, therefore, be it
RESOLVED, That the Common Council hereby approves the Floral Ave Multi -Use
Facility project; 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, Right -of -Way Incidentals, Construction and Construction
Inspection work for the Project or portions thereof, and be it further
RESOLVED, That the sum of $130,000 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 hereby amends Capital Project # 770, Floral
Avenue Multi -Use Facility, to include the Project costs of $130,000, for a total capital
project authorization of $546,000, 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 $109,200 of the $546,000 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, That this Resolution shall take effect immediately.
CITY OF ITHACA
108 East Green Street, Suite 202 Ithaca, New York 14850-5690
.......... . ......... - ...... .......... ...
OFFICE OF THE CITY ENGINEER
'relephone: 607,'274-6530 Fax: 607!274-6587
To: City Administration Committee
From: Tim Logue, City Transportation Engineer
Date: February 22, 2013
Re: Floral Avenue Multi-use trail
Sorry this memo did not make it in with the agenda packet, but I wanted to get
this information to you before your meeting. Your agenda this month includes an
item related to Capital Project 770, the Floral Avenue Multi-use Facility (also
known as a trail). The resolution. authorizes entering into agreement with
NYSDOT for reimbursement of 80% of project costs and it authorizes additional
funds in the first instance for the federal share and permanently for the local
share.
For some reason, the agreement with NYSDOT was approved and signed by the
City, but didnt make it back from Albany fully executed. For this reason, this
agreement covers the full scope of the project, including all the design work that
is already completed. Otherwise, typically, you would only be seeing a
supplemental agreement for construction funding.
Additional federal funds were programmed and secured for this project in order
to complete the construction and construction inspection budget. Common
Council authorized most of the construction budget in the 2012 capital budget,
but it did not include the more recently secured additional federal funding. That
is why the resolution includes authorizing an additional $130,000, of which 80%
or $104,000 will be reimbursed by NYSDOT. This means the additional
permanent local share funding is for $26,000. The total project budget will be
$546,000 of which 80% or $436,800 will be reimbursed. The City's total share will
not exceed 20% or $109,200.
On February 121h, we opened bids for this project. Our apparent low bidder came
in at approximately $365,000, which was almost 1.0% below our engineer's
estimate. The additional funds noted in the above paragraph are required so that
the Board of Public Works can award the contract for construction.
If you have any questions, please feel free to contact me at 274-6535 or
timlo!R�fithaca.or . I will plan to attend your meeting as well.
hwr
'Mficat'on"'
14. INDIVIDUAL MEMBER — FILED RESOLUTIONS:
14.1 Alderperson Mohlenhoff — Adoption of the City of Ithaca Strategic Themes
— Resolution
WHEREAS, Common Council adopted Mission, Vision, and Values statements for the
City of Ithaca in 2001; and
WHEREAS, a strategic plan consisting of the priorities of the City is needed to guide the
budget process and ensure that the Council clearly communicates its priorities to City
staff and the public; and
WHEREAS, Common Council and senior staff conducted strategic planning sessions to
determine the strategic priorities for the City; and
WHEREAS, Common Council and senior staff identified four strategic themes and
desires to adopt these themes as the next component in its strategic plan and use them
as guiding documents in the 2014 budget process; and
WHEREAS, Common Council will use these strategic themes to guide the creation of a
future performance measurement system with key performance indicators;
now therefore, be it
RESOLVED:
That Common Council hereby adopts the Strategic Themes as priorities for the City:
Ithaca is Economic Vitality and Fiscal Strength
• Where people can find a range of housing choices that are affordable and
accessible to their work
• Where economic development supports job growth that aligns with the skills a
diverse workforce
• Where strategic expansion of the tax base balances increased density with
neighborhood character
• Where the government pursues sound fiscal stewardship
• Where tourism is promoted as an economic development strategy
• Where the local institutions of higher education are engaged as partners in the
economic development and fiscal health of the City
Ithaca is Healthy and Culturally Thriving
• Where the built environment, the natural environment, and City policies all
promote the thriving of its people, both mentally and physically
• Where the air, water, and soil are clean
• Where physical activity is promoted and accessible for everyone throughout the
lifespan at all levels of ability
• Where our parks and recreational facilities are accessible, maintained, and well
utilized
• Where safe and fresh food is accessible
• Where there is investment in intellectual, artistic, and cultural resources
Ithaca is Vibrant at its Core, with Strong Neighborhoods and a Sustainable
Infrastructure
• Where housing, recreation, and transportation choices are located near jobs,
shops, schools, and services.
• Where economic development and increased density at the core supports the
City's role as the economic and cultural center of the County
• Where community space: parks, community centers, churches, schools, and
natural areas are preserved and enhanced in all of our neighborhoods
• Where multi -modal infrastructure including walking, biking, transit, and
automobiles provide access to all community services and retail options
• Where our neighborhoods comprise a mix of housing choices, livable for
everyone, accessible to all types of people
• Where we plan for and invest in a long term plan of infrastructure renewal
• Where infrastructure improvements contribute to a safe and prepared community
while reducing the City's liability
• Where we examine and reduce the City's carbon footprint
Ithaca is a Secure, Inclusive, and Engaged Community
• Where people are proud to live and invest in welcoming, safe, and beautiful
neighborhoods
• Where culture, ethnicity, and race are proudly supported
• Where public safety officers and community members work in partnership
• Where homeowners, renters, and landlords invest in neighborhoods
• Where involvement, collaboration, integration, and partnership between
governments, business, the Ithaca City School District, and all citizens is
encouraged
• Where representation and participation in community decision making and
government boards and committees is diverse and broad -based
• Where multi -modal and accessible communication is used to increase
transparency and accountability in city government
14.2 Resolution on Behalf of Ithaca Common Council in Support of Governor
Andrew M. Cuomo's Safe & Fair Gun Policy and the New York Secure
Ammunition and Firearms Enforcement Act (NYSAFE) to Mitigate Gun Violence in
Response to the Tragedies in Newtown, CT on December 14, 2012 and in
Webster, NY on December 24, 2012
WHEREAS, the Common Council of Ithaca, on behalf of the residents of the City of
Ithaca, who share the sorrow of the nation at the tragedies in Newtown, Connecticut
and Webster, New York, wishes to express its condolences to the victims and their
families, to their community and to all whose lives have been affected by the tragic
events of December 14 and 24, 2012; and
WHEREAS, the age and innocence of the victims of Sandy Hook and the selflessness
of the victims of Webster, New York make the tragedies profoundly moving, but the
realization of the tragedies is only the most recent in a trail of such events that have
occurred across the nation and demands action; and
WHEREAS, beyond the tragedies and the unbearable sorrow and pain that was inflicted
on these communities, this senseless violence is a call to action to our nation and our
leaders at all levels of government to prevent violence against children; and
WHEREAS, such action would honor the memory of the children taken from us in
Newtown, honor the actions of the brave educators who stood up to the violence, six of
whom died trying to protect the children in their care, and honor the memory of the first
responders who were killed in Webster; and
WHEREAS, it is important that we honor their actions but it is even more important that
we take action to prevent future tragedies and ensure the safety of our own children and
first responders; and
WHEREAS, the City of Ithaca therefore wishes to express support for the efforts begun
by the President, Governor Andrew M. Cuomo and the New York State Legislature to
understand the causes of such violence, the role of firearms in such tragedies, and
effective actions that can be taken to prevent and deter such acts of violence; and
WHEREAS, the Ithaca Common Council also wishes to express support for the New
York State Legislature, whose members approved the New York Secure Ammunition
and Firearms Enforcement Act with provisions that include:
• A further restriction on assault weapons by defining them by a single feature,
such as a pistol grip, as opposed to the current law defining them by two features
• Making the unsafe storage of assault weapons a misdemeanor
• Mandating a police registry of assault weapons
• Establishing a state registry for all private sales, with a background check done
through a licensed dealer for a fee, excluding sales to immediate relatives
• Requiring a therapist who believes a mental health patient made a credible threat
to use a gun illegally to report the threat to a mental health director who would
then have to report serious threats to the state Department of Criminal Justice
Services. A patient's gun could be taken away from him or her as a result
• Banning the internet sale of assault weapons
• Requiring stores that sell ammunition to register with the state, run background
checks on buyers of bullets and keep an electronic database of bullet sales
• Restricting ammunition magazines to seven bullets, from the current national
standard of 10. Current owners of higher- capacity magazines would have a year
to sell them out of state. Someone caught with eight of more bullets in a
magazine could face a misdemeanor charge
• Requiring that stolen guns be reported within 24 hours. Otherwise, the owner
would face a possible misdemeanor
• Increasing sentences for gun crimes including for taking a gun on school property
• Increasing penalties for shooting first responders, called the "Webster Provision"
• Limiting the state records law to protect handgun owners from being identified
publicly. The provision would allow a handgun permit holder a means to maintain
privacy under the Freedom of Information Law
• Requiring pistol permit holders or those who will be registered as owners of
assault rifles to be recertified at least every five years to make sure they are still
legally able to own the guns
WHEREAS, such laws will not, and should not, prevent the safe and responsible
ownership and use of firearms by the citizens of Ithaca, the State of New York and the
United States of America, for sport, recreation and self- defense purposes; and
WHEREAS, such laws should and will promote and enhance the safety of our children
and their right to grow up and live full and productive lives, free of fear and injury; and
WHEREAS, the Ithaca Common Council further urges federal and state legislators to
allocate funds to federal, state and local law enforcement agencies to enforce existing
and proposed firearm safety laws; and
WHEREAS, the Ithaca Common Council also urges federal, state and county legislators
to allocate funds and resources to mental health agencies to identify and provide
services and support to those individuals who may be prone to acts of violence, and to
their families, in order to prevent such acts; and
WHEREAS, such legislation is a necessary, but not sufficient, step toward preventing
gun violence, but is a step on the path of leadership towards accomplishing that goal;
and
WHEREAS, the Ithaca Common Council urges our leaders to immediately take these
initial steps then continue on the path to change to the culture of violence that so
pervades our nation; and
WHEREAS, the Ithaca Common Council will support and continue those efforts at the
local level, including the continuation of the work to keep so- called "loose guns" off our
streets and maintaining an open dialogue with residents of the City on local action that
can be taken to protect all residents from gun violence; now, therefore, be it
RESOLVED That the Ithaca Common Council does hereby:
1. Express the sympathy of our community for the loss of life at Sandy Hook
Elementary School, and in Webster, New York, for all the lives affected by these
senseless acts of violence inflicted on the students, staff and families of the
school, and the first responders and community members of Webster; and in
recognition of the brave acts and sacrifice of the people who stood up against
these acts of violence we honor them by pledging to work to prevent such
tragedies in the future.
2. Express support for the call to action to control gun violence that is urged by the
President, Governor Andrew M. Cuomo and the United States Conference of
Mayors;
3. Authorize the Mayor to send a copy of this resolution to the President of the
United States, the leaders of the Senate and House, and elected representative
of Ithaca in the United States Congress, Governor Andrew M. Cuomo, and the
Tompkins County Legislature as evidence of the City's support for the prompt
and effective action to accomplish the purposes set forth above, protect the
safety and wellbeing of our children by ensuring that all firearms are used safely
and responsibly, and allocate the resources necessary to provide mental health
services to those at risk of violent behavior and enforce gun control laws.
15. MAYOR'S APPOINTMENTS:
15.1 Reappointments to Youth Council Advisory Board — Resolution
RESOLVED, That Karen Friedeborn be reappointed to the Youth Council Advisory
Board with a term to expire August 31, 2014, and be it further
RESOLVED, That Travis Brooks be reappointed to the Youth Council Advisory Board
with a term to expire August 31, 2014, and be it further
RESOLVED, That Vivian Sierra be reappointed to the Youth Council Advisory Board
with a term to expire August 31, 2014, and be it further
RESOLVED, That Sean Norman be reappointed to the Youth Council Advisory Board
with a term to expire August 31, 2014.
15.2 Appointment to Youth Bureau Advisory Board — Resolution
RESOLVED, That Shannon Terry be appointed to the Youth Bureau Advisory Board to
fill a vacancy with a term to expire December 31, 2015.