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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.