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04-03-13 Common Council Meeting Agenda
OFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, April 3, 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 from Conservation Advisory Council - Karimeh (Rima) Shamieh, Chair 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 Sushi 0 Sake Japanese Restaurant Alcohol Permit Request - Resolution City Administration Committee 8.2 DPW — S &F — Request for Undertaking by NYSDOT - Resolution 8.3 DPW - S &F — Request to Transfer Funds from a Maintainer Position to a Light Equipment Operator Position - Resolution 8.4 Youth Bureau — Request to Amend 2013 Youth Bureau Budget - Resolution 9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: No items were submitted for the agenda. 10. GOVERNMENT PERFORMANCE AND ACCOUNTABILITY COMMITTEE: No items were submitted for the agenda Common Council Agenda April 3, 2013 Page 2 11. CITY ADMINISTRATION COMMITTEE: 11.1 Finance - Approval of 2011 Single Audit - Resolution 11.2 DPW — Eng — Request to Adopt the City of Ithaca Title VI and LEP Plan — Ithaca Commons Repair and Upgrade Project - Resolution 11.3 DPW — W &S — Recommendation to Establish Funding to Replace Water Main on Edgecliff Place - Resolution 11.4 Request Funding for Engineering Services Agreement for Engineering Evaluation of Bar Screen and Biosolids Dewatering Equipment and other miscellaneous improvements to the Influent Building - Resolution 11.5 DPW — Water and Sewer - Request for Funding for Water Supply Project Construction Phase - Resolution 11.6 City Controller's Report 12. REPORTS OF SPECIAL COMMITTEES: 13. NEW BUSINESS: 14. INDIVIDUAL MEMBER — FILED RESOLUTIONS: 15. MAYOR'S APPOINTMENTS: 15.1 Appointments to Local Board of Assessment Review - Resolution 15.2 Appointments to Various City Boards /Committees — 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 19.3 Approval of the March 6, 2013 Common Council Meeting Minutes — Resolution 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. Date: March 28, 2013 Plie Conley Holc mb, CMC, City Clerk 8. CONSENT AGENDA ITEMS: City Clerk's Office: 8.1 Sushi O Sake Japanese Restaurant Alcohol Permit Request - Resolution WHEREAS, the Sushi O Sake Japanese 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 Sushi O Sake Japanese 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 Sushi O Sake Japanese 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 8.2 DPW — S &F — Request for Undertakina by NYSDOT -Resolution RESOLVED, That the Common Council of the City of Ithaca does hereby authorize Ray Benjamin, Acting Superintendent of Public Works, to enter into agreement with New York State Department of Transportation ( NYSDOT) for Undertaking in connection with work affecting state highways as per the attached document from NYSDOT ps 1714,1 ti' o 9'°oRdTEO CITY OF ITHACA 245 Pier Rd., Ithaca, New York 14850 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: Common Council From: Ray Benjamin Acting Superintendent of Public Works Re: Request for an Undertaking As part of the Streets & Facilities annual Highway Work Permit to do work on DOT controlled Right of Way the New York Department of Transportation is requesting an Undertaking. The UNDERTAKING is a guaranty or promise to the New York State Department of Transportation (NYSDOT) by way of the attached resolution passed by Council that work performed on State controlled Right of Way (ROW) will be done in compliance with State Highway Laws, follow the Uniform Manual of Traffic Control for Maintenance and Protection of Traffic, restoration of State property to it condition pervious to work in the ROW and to hold the State harmless for claims, damages , losses and expenses resulting from work activities. The Department follows these requirements as part of their annual Highway Permit already and this does not require any changes on our part. The Undertaking is kept on file by the DOT for 20 years and makes approval for minor work that falls outside our permit quicker to get approved and since we are a self insured municipality the DOT would not require proof of insurance when Department applies for Highway Permits. An Equal Opportunity Employer with a commitment to workforce diversification." PERM 1(2/12) UNDERTAKING For the benefit of u The New York State Department of Transportation In connection with work affecting state highways (For use by New York municipalities and federal agencies WHEREAS, the undersigned Gitk of hAtica (Municipality, County, Town, City or Village, or any agency of the federal government, hereinafter referred to as "Permittee ") from time to time receives permits from the New York State Department of Transportation (hereinafter referred to as the "NYSDon and otherwise conducts activities and operations upon highways and /or within right -of -way controlled by the State of New York for such purposes as the obstruction, installation, construction, maintenance and /or operation of facilities, and WHEREAS, Permittee's access and operation upon state right -of -way is conditioned upon compliance with Highway Law Sections 52, 103, 203 and /or 234, including the conditions that Permittee assume all responsibility for (a) the temporary control of all modes of traffic (including motorized and non - motorized travel) affected by Permittee's operations, (b) complete restoration of state facilities to their condition prior to permitted use or activity, and (c) all claims, damages, losses and expenses, NOW, THEREFORE, in relation to all operations and /or actions undertaken within state right -of- way, Permittee hereby agrees to the following terms and conditions: 1. Permit Applications. Excepting only activities undertaken to protect public safety because of emergency conditions or incidents, Permittee shall provide timely written notice to NYSDOT of operations or activities affecting state right -of -way. Under normal circumstances, a minimum of five business days notice shall be provided. Notification of emergency activities shall be provided to NYSDOT as soon as practicable after the activity. The Permittee shall apply for project- specific permits for activities not allowed under any existing annual permit. Such application shall identify proposed project locations, desired dates /hours, proposed work/activities, traffic control, and site restoration 2. Applicable Rules, Regulations & Conditions. Permittee shall comply with all of the laws, rules and regulations applicable to construction, maintenance activities and operations and shall further comply with such terms and conditions that may be imposed by NYSDOT in connection with permitted activity or operations. Temporary Traffic Control, highway safety appurtenances, and restoration of state facilities shall be completed in accordance with NYSDOT regulations and standards. 3. Site Restoration. Permittee shall, at its own expense, promptly complete the work allowed under each permit and, within a reasonable time, restore State property damaged by its work /activities to substantially the same or equivalent condition as existed before such work was begun as determined by the Commissioner or his /her designee. In the event that the Permittee fails tow restore damaged State property within what the Commissioner deems to be a reasonable time, the Commissioner, after giving written notice to the Permittee, may restore the property to substantially the same orequivalent condition as existed before the Permittee's work/activities, in which case, Permittee agrees to reimburse the reasonable expenses in connection therewith. NYSDOT PERM 1 (rev. 2/12) PERM 1(2/12) 4. Payment & Release of Liens. Permittee shall be responsible for the payment of all costs and materials relating to its work in the public right -of -way, and agrees to defend and save harmless NYSDOT against any and all lien claims made by persons supplying services or materials to Permittee in connection with Permittee's work. S. Indemnity. In addition to the protection afforded to NYSDOT under any available insurance, NYSDOT shall not be liable for any damage or injury to the Permittee, its agents, employees, or to any other person, or to any property, occurring on the site or in any way associated with Permittee's activities or operations, whether undertaken by Permittee's own forces or by contractors or other agents working on Permittee's behalf. To the fullest extent permitted by law, the Permittee agrees to defend, indemnify and hold harmless the State of New York, NYSDOT, and their agents from and against all claims, damages, losses and expenses, including but not limited to, claims for personal injuries, property damage, wrongful death, and /or environmental claims and attorney fees arising out of any such claim, that are in any way associated with the Permittee's, activities or operations under any and all permits issued using this Undertaking. FURTHERMORE, Permittee hereby warrants that the obligations of this Undertaking are backed by the full faith and credit of Permittee. Permittee may insure or bond any of the obligations set forth herein, or may rely upon self - insurance, budgeted funds, or funds for general operations. This Undertaking shall be applicable to all permitted activities and operations undertaken after the date of execution and work initiated while this Undertaking is in effect. This Undertaking may be revoked by the Permittee or rejected by NYSDOT upon thirty days written notice but will continue to apply to all permitted activities /operations that were permitted by virtue of this Undertaking. Unless terminated for the purpose of future activities /operations, this Undertaking shall have a term of twenty (20) years and shall be kept on file to fadlitate the issuance of future permits to which it will apply. IN WITNESS WHEREOF, Cliv Al" (Municipality- County, Town, City, Village or federal'agency) agrees to the terms of th is Undertaking, and has caused its execution by the authorized officer or employee (attach Resolution of Approval). Au rued t 3h /zoos Date .f'ay h 4441o7�i ( ea,7fe17de1,Y a gXllc *144 Print Name/Title �� , /// 246 gPJ-/©. � /iA['d N/ 14167 (607) 272 17(8 Address Phone number r I AV E ©reel! Jf, A" N/ ' //� 1430 ($ ci�oT I �nAGO. oYG Address NYSDOT PERM 1 (rev. 2/12) 8.3 DPW - S &F — Request to Transfer Funds from a Maintainer Position to a Light Equipment Operator Position - Resolution WHEREAS, the 2013 authorized budget included funding for a Maintainer position in the Highway Division, and WHEREAS, a retirement in late 2012 has left a Maintainer position vacant and funded, and WHEREAS, DPW staff has determined that the Light Equipment Operator position has a larger operational need at this time than the Maintainer Position; now, therefore, be it RESOLVED, That Common Council hereby transfers funding from the vacant and funded Maintainer Position in the DPW Highway Division to the vacant and unfunded Light Equipment Operator Position in the DPW Highway Division, and be it further RESOLVED, That funds for said position transfer shall be made within the existing 2013 authorized budget. 8.4 Youth Bureau — Request to Amend 2013 Youth Bureau Budget - Resolution WHEREAS, the Ithaca Youth Bureau has received funding through the Tompkins County Workforce Investment Board for the Tompkins Summer Youth Employment Program, and WHEREAS, the Ithaca Youth Bureau has received $16,201 in cash contributions from local donors; now, therefore, be it RESOLVED, That Common Council hereby amends the 2013 Youth Bureau budget as follows: Increase revenue account A7310 -4820 -1202 Youth Employment Service $7,703 A7310- 2070 -1202 Youth Employment Service $5,965 A7310- 2070 -1221 Outings $3,978 A 7310 - 2070 -1240 College Discovery Program $6,258 $23,904 Increase expenses: A 7310- 5120 -1202 YES Part time /Seasonal $11,682 A 7310- 5120 -1221 Outings Part time /Seasonal $3,400 A7310- 5120 -1240 CDP Part time /Seasonal $5,349 A7310 -9730 Social Security $1,563 A7310 -9740 Workers Compensation $1.910 $23,904 Ithaca Youth Bureau 1 James L. Gibbs Drive Ithaca, , NY 14850 Phone: 607- 273 -8364, Fax: 607- 273 -2817 "Building a foundation for a lifetime" ,%C,t(0 4� A tt S %.I 0 C To: City Administration Committee From: Karen Friedebom, Youth Program Administrator Liz Vance, Acting Director Re: Youth Bureau Budget Amendment Date: March 22, 2013 This is a request to amend the 2013 operating budget. We would like permission to spend $7,703 of Tompkins Summer Youth Employment Program funds as follows: Increase revenue account Account # A7310 -4820 -1202 Youth Employment Service $7,703 Increase expenses: Account # A7310 -5120 -1202 Part time/Seasonal $6,584 Fringe Benefits $1,119 In addition, we received $16,201 in donations we would like to transfer from the ECHO find: We would like to amend the 2013 Youth Bureau budget as follows: Increase revenue Account # A7310- 2070 -1202 Account # A7310- 2070 -1221 Account # A 7310 -2070 -1240 Increase expenses: Account # A 7310 -5120 -1202 Account # A 7310 -5120 -1221 Account # A 7310 -5120 -1240 Thank you. Youth Employment Service $5,965 Outings $3,978 College Discovery Program $6,258 Total $16,201 YES Part time/Seasonal $5,098 Outings Part time/Seasonal $3,400 CDP Part time/Seasonal $5,349 Fringe Benefits $2,354 Total $16,201 11. CITY ADMINISTRATION COMMITTEE: 11.1 Finance -Approval of 2011 Single Audit- Resolution RESOLVED, That the Independent Auditor's Report for the period January 1, 2011, through December 31, 2011, prepared by the accounting firm of Ciaschi, Dietershagen, Little, Mickelson & Company, LLP, be accepted to comply with all the City's applicable Governmental Accounting Standards Board (GASB) Statement 34 and other related audit and single audit requirements. 11.2 DPW— Ena — Request to Adopt the City of Ithaca Title VI and LtY clan — Ithaca Commons Repair and Upgrade Project - Resolution WHEREAS, the City of Ithaca is a sub - recipient of Federal Transit Administration (FTA) Funding for the Ithaca Commons Repair and Upgrade Project, and WHEREAS, as a sub - recipient of FTA funding the City is obligated to comply with Title VI of the Civil Rights Act of 1964, which ensures that no person in the United States shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance from the FTA, and WHEREAS, as a sub - recipient of FTA funding the City is obligated to comply with Executive Order 13166, titled Improving Access to Services for Persons with Limited English Proficiency, which directs agencies which receive federal funds to ensure that discrimination based upon a person's inability to speak, read, write or understand English does not take place, and WHEREAS, the City of Ithaca has prepared the City of Ithaca Title VI and LEP Plan to ensure compliance with both the spirit and the letter of the obligations set forth above relating to the Ithaca Commons Repair and Upgrade Project; now therefore, be it, RESOLVED, That the Common Council of the City of Ithaca certifies that, as a condition of receiving Federal financial assistance under programs administered by the Federal Transit Administration, it will ensure that no person, including people of limited English proficiency will be subjected to discrimination in the level and / or quality of services and benefits of the Ithaca Commons Repair and Upgrade Project on the basis of race, color, or national origin, and be it further RESOVED, That the City of Ithaca will compile, maintain and submit, in a timely manner, Title VI information required by FTA Circular 4702. 1 B dated October 1, 2012 and in compliance with the Department of Transportation's Title VI regulations at 49 CFR Section 21.7(a), and, be it further RESOLVED, That the City of Ithaca will submit a Title VI assurance every three years as part of the annual Certification and Assurance submission to the primary recipient, Tompkins County, and the Federal Transit Administration, and, be it further RESOLVED, That the City of Ithaca makes it known to the public, that those persons or people alleging discrimination on the basis of race, color, or national origin as it relates to access to or provision of services and benefits of the Ithaca Commons Repair and Upgrade Project may file a complaint with the City of Ithaca, Tompkins County Human Rights Commission, U.S. Department of Transportation and / or the Federal Transit Administration, and be it further RESOLVED, That the Common Council of the City of Ithaca adopts the City of Ithaca Title VI and LEP Plan for the Ithaca Commons Repair and Upgrade Project dated January 2013 ll•z SUBMITTED TO: TOMPKINS COUNTY January 2013 SUBRECIPIENr INFORMATION Subracipient: City of Ithaca Submittal Date: 2013 Expiration Year: 2016 Grantee No.: 5475 CITY OF ITHACA CITY OF ITHACA TITLE VI PROGRAM COORDINATORS Superintendent of Public Works Department of Public Works Second Floor of City Hall 108 East Green Street Ithaca, New York 14850 Phone: (507) 2746527 Fax: (607) 2746587 E -Mall: CITY OF ITHACA TITLE VI COMPLIANCE OFFICERS Schelley Michell -Nunn Director of Human Resources City of Ithaca Human Resources Civil Service Department City Hall, 2ntl Floor 108 East Green Street Ithaca, NY 14850 Phone: (607) 2746539 Fax: (607) 274-6574 Email: schallaymn@ckyofithace.org CITY OF ITHACA TITLE VI INTAKE OFFICER Julie Conley Holcomb Clerk, City of Ithaca First Floor, City Hall 108 Green Street, Ithaca, NY 14850 Phone: (607) 2746570 Fax: (607) 2746432 Email: julieh@c4,oflfhaca.org CITY OF ITHACA TITLE VI TECHNICAL ADVISOR Shawn MartAl Moore, Esq. Tompkins County Human Rights Commission 120 West Martin Luther King, Jr. /State Street Ithaca, New York 14850 Phone: (607) 277 -4080 Fax: (607) 2774106 Jennifer Kusznir Project Manager City of Ithaca Planning Department Third Floor of City Hall 108 East Green Street Ithaca, New York 14860 Phone: (607) 2746550 Fax: (607) 2746558 E -Mall: jenn'Iferk@cdyofahace.org Leslie Moskowitz Manager at Organizational Development City of Ithaca Human Resources Civil Service Department City Hall, 2n° Floor 108 East Green Street Ithaca, NY 14850 Phone: (607) 2746539 Fax: (607) 2746574 Email: leSiem@Cit 9hs:a.org CMWITMIIGTl VICOMPlL1MCEPROBMM2033P"E 2 TABLE OF CONTENTS SUBRECIPIENT INFORMATION 2 SUBMISSION OF CIVIL RIGHTS ASSURANCE 4 INTRODUCTION 4 GENERAL REPORTING REQUIREMENTS 4 LIST OF TRANSIT - RELATED INVESTIGATIONS, COMPLAINTS AND LAWSUITS 4 PENDING APPLICATIONS FOR ASSISTANCE 4 SUMMARY OF CIVIL RIGHTS COMPLIANCE REVIEWS 5 FTA CIVIL RIGHTS ASSURANCE & DOT TITLE VI ASSURANCE 5 FIXED - FACILITY IMPACT ANALYSIS 5 TITLE VI COMPLAINT PROCEDURES 5 TITLE VI PUBLIC NOTIFICATION 5 INCLUSIVE PUBLIC PARTICIPATION PLAN 5 ACCESS FOR LIMITED ENGLISH PROFICIENCY (LEP) PERSONS 6 MEMBERSHIP NONELECTED TRANSIT PLANNING /ADVISORY BOARDS 6 SUBRECIPIENTS MONITORING PROCESS 6 ADDITIONAL INFORMATION 6 LIMITED ENGLISH PROFICIENCY (LEP) PLAN 6 INTRODUCTION 6 LIMITED ENGLISH PROFICIENCY (LEP) PLAN 7 FTA FOUR - FACTOR ANALYSIS LEP PROGRAM EVALUATION & DISSEMINATION OF PLAN 10 TITLE VI COORDINATORS AND OFFICERS 10 APPENDIX A: CITY OF ITHACA TITLE VI COMPLAINT PROCEDURES AND FORMS 12 APPENDIX B: CITY OF ITHACA TITLE VI NOTICE TO THE PUBLIC 16 APPENDIX C: CITY OF ITHACA ANNUAL CERTIFICATION AND ASSURANCE 18 APPENDIX D: CITY OF ITHACA COMMON COUNCIL RESOLUTION 19 OmwnR&CATnmVl OONPUANCEPROBRAm2013PA0! 3 SUBMISSION OF CIVIL RIGHTS ASSURANCE By the submission of this plan, City of Ithace's Common Council ( "subrecipient °) certifies that, as a condition of receiving Federal financial assistance under various programs administered by the Federal Transit Administration, it will insure that: No person, including persons with limited English proficiency (LEP) will be subjected to discrimination in the level and/or quality of transportation services and transit- related benefits on the basis of race, color, or national origin. The City of Ithaca will compile, maintain, and submit In a timely manner Tide VI information required by FTA Circular 4702.1 B, dated October 1, 2012, and in compliance with the Department of Transportation's Title VI regulations at 49 CFR Section 21.7(a). The City of Ithaca will submit a Title VI assurance every three years as part of the annual Certification and Assurance submission to the primary recipient Tompkins County and the Federal Transit Administration (FTA). The City of Ithaca will make it known to the public that those person of persons alleging discrimination on the basis of race, color, or national origin as it relates to the access to or provision of transportation services and transit- related benefits may file a complaint with the City of Ithaca, Tompkins County Human Rights Commission, U.S. Department of Transportation and /or the Federal Transit Administration. INTRODUCTION Title VI of the Civil Rights Act of 1964 (Title VI) ensures that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance from the Federal Transit Administration. City of Ithaca has prepared and submitted this document to ensure compliance with both the spirit and the letter of the requirements set forth in FTA Circular 4702.1 B. GENERAL REPORTING REQUIREMENTS 1. List of Transtl- Related Active Investigations, Complaints, and Lawsuits Requirement: All applicants, recipients, and subreclpients shall maintain and submit a list of any active lawsuits or complaints naming the applicant that alleges discrimination on the basis of race, color, or national origin with respect to service or other transit benefits. Response: There are neither investigations/complaints nor lawsuits alleging discrimination on the basis of race, color, or national origin with respect to service or other transit benefits available through the City of Ithaca. 2. Pending Applications for Assistance Requirement: All applicants, recipients, and subrecipients shall maintain and submit a description of all pending applications for financial assistance, and all financial assistance currently provided by other Federal Agencies. Response: City of Ithaw currently has an application for State of Good Repair funding from the Federal Transit Administration (FTA) for the Intennodal Transportation Hub-Accelerating Community Access Ithaca Project (known as, "Ithaca Commons Project"), as a subracipient of Tompkins County New York Glantee#5475, in the amount of $7,500,000 (Federal Share $4,965,000 and Local Share $2,535,000). 3. Summary of Civil Rights Compliance Reviews Qrr,, w 1r TarLl Yl Ckinr a Pwaur,i 24 Acre 4 CITY OF ITHACA Requirement. All applicants, recipients, and subrecipients shall maintain and submit a summary of all Civil Rights Compliance reviews conducted by other local, state, or federal agencies in the last three years. Response: There are no Civil Rights Compliance transit related reviews from any outside agency for the City of Ithaca in the last three years. 4. FTA Civil Rights Assurance & DOT Title VI Assurance Reoulrement: All applicants, recipients and subrecipients shall maintain and submit a signed FTA Civil Rights Assurance that all of the records and other information required have been filed or will be complied, as appropriate. Response: The FTA Civil Rights Assurance shall be incorporated in the Annual Certifications and Assurances submitted to FTA through the Transportation Electronic Award and Management (TEAM) system through primary recipient, Tompkins County, New York Grantee #5475. City of Ithaca annual certification and assurance is attached as Appendix C. 5. Fixed- Facility Impact Analysis Requirement: For construction projects, all applicants, recipients, and subrecipients shall conduct a fitred- facility impact analysis to assess the effects on minority communities. This information can be included in the environmental assessment or environmental impact statement. Response: City of Ithaca has not undertaken any construction projects In the past three years. 8. Title VI Complaint Procedures In compliance with 49 CFR §21.9(b), City of Ithaca has developed procedures for filing, investigating, and tracking Title VI complaints filed against them. Such procedures shall be made available to the public upon request. City of Ithaca complaint procedures and fors are included as Appendix A. 7. Title VI Public Notification City of Ithaca shall provide information to the public and employees regarding our organization's commitment to Title VI. This will serve to inform members of the public and our staff of the protections against discrimination afforded by Title A. This will be accomplished by publishing notices of nondiscrimination (Title VI) on the City of Impcs website; City of Ithaca farabook page; City of Ithaca CityScene newsletter; Human Services Coalition 211 Information and Referral; the Commons; City, of Ithaca City Hall; Town of Ithaca's Town Hall; Ithaca Downtown Alliance ; Chamber of Commerce; and Public Service Announcements via local radio stations and newspapers . The City of Ithaca's notice includes: (a) a statement that the City of Ithaca operates programs without regard to race, color, and national origin; (b) information on how the public can request additional information about the City of Ithaca's non - discrimination policy; and (c) information about who to contact if an issue suggestive of discriminatory action is perceived and how to file a formal discrimination complaint against City of Ithaca. The City of Ithece's public notice is included as Appendix B. 8. Inclusive Public Participation Plan The City of Ithaca's public participation and outreach strategies for the Ithaca Commons Project were initiated throughout the Pre - Design, Pre- Concept, and Final Design of the project. The City of Ithaca utilized public meetings, survey questionnaires, advisory board meetings, Information tables at public events, and citizen Interviews. Locations included City Hall, Soumside Community Center, and the Downtown Commons. Future outreach plans to communicate changes/updates and/or to illicit feedback (i.e. surveys, public meetings, electronic posting, focus groups, and consumer interviews) on the Ithaca Commons Project will include the following notifications by public postings: to the City of Ithaca website and Facebook page; in City Buildings, on the Commons, Ithaca Downtown Alliance, Tompkins County Library, Titus Towers, Town Hall, Ithaca Housing Authority, Tompkins Community Action, Ithaca City School District, Catholic Charities Immigrant/Refugee Center and other faith -based organizations; by electronic posting on the Neighborhood Associations, Human Services Coalition, Tompkins County Diversity Consortium, and local Cm or Zi Tllu VI Coma acz Pena ixm 1013P� 5 QTY OF ITHACA Affinity Groups Ilstservs; and public service announcements on Cayuga Radio Group, Ithaca College TV/Radio, and local newspapers. 9. Access for Limited English Proficiency (LEP) Persons The City of Ithaca shall take steps to ensure meaningful access to the benefits, services, information, and other Important portions of As programs and activities for individuals who are Limited English Proficient (LEP). Although the most recent survey data from the 2010 U.S. Census Bureau, 2007 -2011 American Community Survey (ACS) Indicates that the population of LEP individuals in the City of Ithaca is likely 27.4 %, City of Ithaca will make every effort to provide translators and document translation upon request. Efforts are detailed in our LEP plan, which Is Included in this report. The City of Ithaca will continue to monitor the need and explore additional outreach efforts based on the U.S. Census and other data sources, as well as based on encounters with LEP community members. 10. Membership Non - Elected Transit - Related Planning and /or Advisory Boards City of Ithaca designated the Board of Public Works and the Commons Advisory Board as the non - elected advisory boards. The racial memberships of the advisory boards are as follows: Demographics Board of Public Worts Commons Advisory Board Afrksr,AmericariBlack 2 American Indian Asian 1 12 Caucasian 4 Hispanic or Latino Native Hawaiian PaoBc Islander Diversity and inclusive participation by community members on all City of Ithaca's advisory boards and committees are encouraged. To achieve that end goal, the City of Ithaca's outreach strategies include notifying local newspapers, affinity organizations, public service announcements on radio and local television, listservs, as well as solldling focus groups and community leaders to facilitate the identification of potential applicants. 11. Subreciplents Montloring Process The City of Ithaca shall comply with FTA Title VI and LEP program requirements, maintain all necessary records, and submit to primary recipient and/or FTA compliance review process. 12. Additional Information The City of Ithaca recognizes that it may be asked at the discretion of the FTA, for information other than that required by FTA Circular 4701.18 to investigate complaints of discrimination or to resolve concerns about possible noncompliance with Title VI. City of Ithaca regards any complaint as serious and meriting investlga0on and emaciation, and will strive to provide any requested information in a swift and accurate manner. LIMITED ENGLISH PROFICIENCY (LEP) PLAN INTRODUCTION This Limited English Proficiency (LEP) Plan has been prepared to address City of Ithaca's responsibility as a subrecipient of federal financial assistance as it relates to meeting the needs of individuals with limited English language skills. The plan has been prepared in accordance with This VI of the Civil Rights CMOF 1� Tma VI CoaRU11Q Paoaaui 2013PASO 6 I of ITHACA Act of 1964, Federal Transit Administration Circular 4702.1 B dated October 1, 2012, which states that no person shall be subjected to discrimination on the basis of race, color a national origin. Executive Order 13166, titled Improving Access to Services for Persons with limited English proficiency, indicates that differing treatment based upon a person's inability to speak, read write or understand English is a type of national origin discrimination and directs each federal agency to publish guidance for Its respective recipients clar'tying their obligation to ensure that such discrimination does not take place; this order applies to all state and local agencies which receive federal funds. This plan outlines: (a) how the City of Ithaca Identifies person(s) who may need language assistance; (b) strategies to provide language assistance; (c) employee training and resources utilized by City of Ithaca to provide timely and reasonable language assistance; and (d) how the City of Ithaca notifies LEP persons that language assistance is available. In order to prepare this plan, the City of Ithaca employed the U.S. Department of Transportation's Four - Factor LEP analysis and the summary of the results are described in the following section. FTA FDUk- FACTOR ANALYsrs Factor One: The number or proportion of LEP persons eligible to be served of likely to be encountered "a program or recipient. ;ea :uTa7A�3SI73R�Sd7.! The City of Ithaca methodology included formal data obtained from the 2010 U.S. Census, and 2007- 2011 American Community Survey (ACS)', in order to ascertain the number or proportion of LEP persons who may come in contact with Ithaca Commons Project. City of thaca's 2010 U.S. Census population is 30,014; 4,854 (16.2) of the individuals are Astan, 2,057 (6.9 %) are Hispanic or Latino, 1,971 (6.6 %) are AfrieanTAmerica, 115 (0.4 %) are American Indian/Alaska Native, and 1,891 (6.3 %) are classified as being of'Some Other Race and/or Two or More Races'. The City of Ithaca reviewed the recent 2007 -2011 American Community Survey (ACS) to obtain the number or proportion of LEP individuals' language spoken at home and the level of language proficiency. The number of Individuals that speak a language other than English in the City of Ithaca as determined by 2009 -2011 American Community Survey (ACS)2 is 27.4 %. The percentages of LEP Individuals that speak English as a second language at tame have been Identified via 2009 -2011 ACS as: Spanish (4.3 %), Indo- European (7.8 %), Asian and Pacific Islander (14.4°/x) and other languages (0.9 %). After reviewing the 2010 U.S. Census, additional community sourcesB, and the ACS data, the City of Ithaca determined that the following languages demonstrated the following LEP persons who may be served by the Ithaca Commons Project and speak English less than 'very well', are as follows: Burmese, French, Korean, Japanese, Mandarin, Russian, and Spanish. ' American Commudy Sur ey, 2007-2011 Noise, Table B1WO1: LANGUAGE SPOKEN AT HOME BY AFFI nY TO SPEAK ENGLISH 10N THE POPUTATION 5 YEARBAID OVER- Un1Y499: Pgtu ation 5 Mm and peer. 2 /vnairen Community Survey. 200&2011 Data Set Table S1601: LANGUAGE SPOKEN AT HOME— Universe: Population 5 years antl am.. "Tlxnpldre County Sources: Ithece Clty Schad Daudet Tanpkine County Planning Department Tompkins County Human Rights Commiselon, Ithace Asian Amelmn Asaodabon, Comell University Public SeMoe Center Trenslatw Interpreter Pmgram, BOCES ESOL pagram, Firiger Lakes Indepohdant Center, and City of Ilham. Cti r W IY Tma VI COMPLIANCE PitoeeAM 2013PAae 7 Factor Two: The frequency with which LEP persons come In contact with City of Ithaca programs, activities or services. The City of Ithaca assessed the frequency with which staff have and may have contact with LEP individuals. The Senior Staff In the City of Ithaca were asked the following questions: 1. On a monthly basis, how often do you interact with a customer /citizen that has limited English language proficiency speaking, reading, and writing skill sets? 2. How many times per month does your department use interpreter services? Which language interpreters were utilized? 3. Do LEP individuals bring a friend or family member to assist versus use an interpreter? Nine out of fourteen departments responded to the survey. Based upon the responses it was dear that departments that have more interface with the public (City Clerk's Office, Ithaca Police Department, Youth Services, City Chamberlain's Office) interacted with individuals that had limited language proficiency, the highest frequency reported was approximately e - 10 times a month. Use of translation services was smaller with the highest frequency about once per month. It was reported that generally, the citizen would bring a family member or friend along to help with interpretation. LEP languages requested by the departments that responded to the survey were identified as Burmese, Mandarin and Spanish. As it relates to the Ithaca Commons Project and based upon our evaluation of past service requests by LEP persons for language assistance and persons requiring reasonable accommodations, such as: physical, visual or hearing impaired to the City of Ithaca departments we anticipate that, if there is contact with LEP persons, the most frequent contact would be with the Department of Public Works, City of Ithaca Police Department, Clerk's Office, and City Chamberlain's Office. Factor Three: The nature and importance of the program, activity, or service provided by the program to people's lives. The central business district for the City of Ithaca and Tompkins County is known as The Ithaca Commons, a two -block pedestrian mall in downtown Ithaca. Its boundaries are Green Street to the south, Cayuga Street to the west. Seneca Street to the north, and Aurora Street to the east. It sits at the Intersection of Tioga and State Streets. The Commons is considered the center of Ithaca and Tompkins County civic life. The City of Ithaca and Town of Ithaca government buildings border the Commons, and many legislators have their offices either on the Commons or new to it. Tree, flowers, restaurants, movie theaters, galleries, shops, apartments, and a multitude of artworks line the Common's two-block radius. Ithaca Is home to several annual festivals and many musical, theater, and street entertainment events which take place in the three pavilions on the Commons. The Tompkins Consolidated Area Transit, or TCAT, bus network's main hub is located just off the south- west comer of The Commons on Green Street near the Tompkins County library. With some exceptions, most routes originate, terminate, or stop at Green Street, and the Green Street bus stop is also a frequent connection point between the various routes. Factor Four: The resources available to the recipient for LEP outreach, as well as the costs associated with that outreach. The following services and resources are available for LEP outreach: 1. Translator Interpreter Services: The City of Ithaca staff shall request services on behalf of LEP persons from the Cornell University Public Service Translator Interpreter Program (TIP). Historically, the City uses interpreters for the following languages: Mandarin, Spanish, Russian, Burmese, Cantonese and Vietnamese. Accordingly, the City of Ithaca shall continue to utilize Cornell University TIP services, and CtYwl�Tm Vl COrrw Paosenrr1013P� 8 additionally, post its Title VI statement in English, Burmese, French, Korean, Japanese, Mandarin, Russian, and Spanish at various physical locations. The Title VI notice will be posted at locations including, but not limited to, all City Buildings, the Commons, Ithaca Town Hall, Chamber of Commerce, Ithaca City School District buildings, various community centers and Faith -Based Organizations, as well as electronic posting and public service announcements. In addition, the City of Ithaca's Clerk's Office, Human Resources and Civil Service Department, Department of Public Works, and Ithaca Police Department, and line staff are trained to use the Language Line Personal Interpreter Services to immediately connect with interpreters via 1- 800 -774- 4344. 2. City of Ithaca Websits and Facebook - Google Translator. The City of Ithaca website at wawa cilvofrthaca.om and Facebcok page can be translated via Google Translator. Accordingly, Title VI Notice to the Public will be electronically translated in English, Burmese, French, Korean, Japanese, Mandarin, Russian, and Spanish. 3. LEP Persons with Special Needs: The Finger Lakes Independent Center designated as a not -for profit Ithaca agency, which specializes in assisting community members and organizations on accessing resources for individuals with special needs. In an effort to capture all LEP persons in need of services, City of Ithaca is committed to providing enlarged documents and a list of available magnification and speech software programs for LEP persons with visual and hearing impairments. There are 500 individuals identified by the Finger Lakes Independent Center within Tompkins County that require reasonable accommodations, of which 300 individuals utilize services through outside agencies to assist with daily living activities. The exact number of LEP persons with special needs has yet to be identified; however, the City of Ithaca is wmmihed to providing an inclusive program for all of its citizens. Staff Training The City of Ithaca participates in a continuous - learning training process from orientation through annual learning and refresher programs (e.g. Sexual Harassment Prevention, Violence in the Workplace Prevention and Anti Harassment /Discrimination Training). • Designated Title VI Coordinators, Investigators and support staff will receive annual training and updates on Title VI procedures and LEP responsibilities. • City of Ithaca staff that work directly with the public will receive Information and annual training on language assistance services offered to the public; how to access Cornell University Public Service Center Translator Interpreter Program; and Language Line Personal Interpreter services. Program Costs The translation services provided by Cornell and Google translator services are available free of charge. If notices or other documents require a paid translation service the cost per language is approximately fdty dollars. Other anticipated costs include the printing of the notices and possibly some costs related to additional training beyond what FTA offers on their website free of charge. LEP PLAN SUMMARY After reviewing the 2010 U.S. Census, additional community sources', and the ACS data, the City of Ithaca determined that the following languages are representative of persons who may be served by the Ithaca Commons Project and speak English less than 'very well Burmese, French, Korean, Japanese, Mandarin, Russian, and Spanish. As it relates to the Ithaca Commons Project and based upon our evaluation of past service requests by LEP persons for language assistance and persons requiring reasonable accommodations, such as: a Tompkins County Soumes: Ithaw City SN DlabioL Tanpkke Cwnty Planning DeparbnaM. Tompkins County Hunan Rights Gotha s , Ithaca Mani Amemmn Asstdation, Cornell Univerelty PaNic Savice Center Translator Interpreter Program. SOCES ESOL program, Finger lakes IMependent Center, and City of Itheta. "1n 1h rra VI CewvuAace PROGRAM 3013PAOE 9 (TIYOFITHACA physical, visual or hearing impaired to the City of Ithaca departments we anticipate that, if there is contact with LEP persons, the most frequent contact would be with the Department of Public Works, City of Ithaca Police Department, Clerk's Office, and City Chamberlain's Office. LEP PROGRAM EVALUATION The City of Ithaca will update the LEP plan as required. At a minimum, the plan will ba reviewed and updated when relevant data from the decennial census and the three -year and five -year American Community Survey (ACS) Is updated and available. Further evidence of higher concentrations of LEP individuals present in the City of Ithaca will also serve to prompt assessments and evaluation of the current language assistance program. Updates will include the following: • Evaluation at the Current LEP population in the service area. • The number of documented LEP person Contacts encountered by City of Ithaca's staff annually. • Documentation of where these Contacts occur. • How the needs of LEP persons have been addressed. • Determination how the need for translation services has changed. • Determination whether local language assistance programs have been effective and whether they will be sufficient to meet the revised service needs. • Determination if the City of Ithaca's financial resources are sufficient to meet identified language assistance needs. • Determination whether this LEP Plan adequately identifies and addresses language assistance needs. • Determine whether the City of Ithaca has fully Complied with the goals of this LEP plan. • Determine whether any Complaints that may have been received regarding the needs of LEP individuals have been satisfactorily addressed. DISSEMINATION OF THE CITY OF ITHACA'S TITLE VI AND LEP PLAN A link to the City of Ithaca's LEP Plan and the Title VI Information and Complaint procedures is included on the City of Ithaca's website and Facebook page; any person or agency with Internet access will be able to access and download the plan from the website. Alternatively, any person or agency may request a copy of the plan via telephone, fax, mail, or in person and shall be provided a Copy of the plan at no cost City of Ithaca will make reasonable efforts to provide a translated plan at no cost to LEP individuals upon request. CITY OF ITHACA TITLE VI AND LEP PROGRAM CONTACTS Any questions or Comments regarding the Title VI and LEP Plan may be submitted to: CITY OF ITHACA TITLE VI PROGRAM COORDINATORS Superintendent of Public Works Department of Public Works Second Floor of City Hall 108 East Green Street Ithaca, New York 14850 Plane: (607) 274 -6527 Fax:(607)274 -6587 E -Mail: CITY OF ITHACA TITLE VI COMPLIANCE OFFICERS Schelley Michell -Nunn Jennifer Kusznir Project Manager City of Ithaca Planning Department Third Floor of City Hall 108 East Green Street Ithaca, New York 14850 Phone: (607)274 -6550 Fax: (607) 274 -6558 E -Mail: jenn'Iferk@cityorithaca.org Leslie Moskowitz CM,xTTNArAIkru VICaNrLrANCe PaOSIIA 12O12PAGE 10 Director of Human Resources City of Ithaca Human Resources Civil Service Department City Hall, 2n° Floor 108 Fast Green Street Ithaca, NY 14850 Phone: (607) 274-6539 Fax: (807) 2748574 Email: schelleymnCcityofahace.org CITY OF ITHACA TITLE VI INTAKE OFFICER Julie Conley Holcomb City of Ithaca City Clerk First Floor, City Hall 108 Green Street, Ithaca, NY 14850 Phone: (607) 2748570 Fax: (607) 2748432 Email: julieh@cWiithaca.org CITY OF ITHACA Manager of Organizational Development City of Ithaca Human Resources Civil Service Department City Hall, 2n0 Floor 108 East Green Street Ithaca, NY 14850 Phone: (607) 2748539 Fax: (607) 2748574 Email: lesliem@cityoflthaca.org M hmu TRU K CONPI)ArrC[ PROeMN 2012PAeaI 11 l r�'rl.F9 FV TTO APPENDIX A Cmw2nu mTm Vl Caw cEPaoauw2012PKe 12 CITY OF ITHACA TITLE VI COMPLAINT PROCEDURES AND FORMS POLICY QTY OF ITHACA The City of Ithaca does not discriminate against Individuals on the basis of actual or perceived age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sex; sexual orientation; socioeconomic status; or weight in its services, programs, or activities and will provide reasonable accommodations to individuals with a disability or with Limited English Proficiency (LEP) who require such to benefit from our services. Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin and that no person shall be excluded from pardcpaton in, be denied the benefits of, or be subjected to discrimination under any program and/or activity receiving Federal financial assistance . (42 U.S.C. §2000d). The following procedures apply to complaints filed under Title VI of the Civil Rights Act of 1984, relating to any program and/or activity administered by the City of Ithaca, their consultants and/or contractors. The law prohibits Intimidation or retaliation of any kind against an aggrieved party. These procedures do not deny the right of the complainant to file formal complaints with other Local, State or Federal agencies, or to seek private counsel for complaints alleging discrimination. These procedures are part of an administrative process that does not provide for remedies that Include punitive damages or compensatory remuneration for the complainant. Every effort will be made to obtain early resolution of complaints at the lowest possible level. The option of Informal mediation between the affected parties and the investigator may be utilized for resolution at any stage of the process. The City of Ithaca will make every effort to pursue a resolution of the complaint. FILING Any person who believes that they have been excluded from participation in, denied the benefits of, or subjected to discrimination under Title VI of the Civil Rights Act of 1964, relating to any program and/or actKdy administered by City of Ithaca based on race, color, or national origin, may file an official Title VI complaint with the City of Ithaca Clerk, who serves as the Title VI Intake Officer: Title VI Intake Officer Julie Conley Holcomb Cry Clerk First Floor, City Hall 108 Green Street, Ithaca, NY 14850 Phone: (607) 274$570 1 Fax: (607) 274 -6432 Web: www.ctyoffthaca.org A formal complaint must be filed within 180 calendar days of the alleged occurrence, the alleged discrimination; date on which the conduct was discontinued, or the latest instance of the conduct. Complainant must present a detailed description of the Issues, including names, job I tles of Individuals perceived as parties to the action complained against, date, fine- of -0ay, location, and contact information of any witnesses to the alleged incident. Upon provision of employee name(s), the City Clerk or designee will assist the complainant with completing the form 9 they require help. The complainant should complete this process by documenting the above details of the complaint on the City of Ithaca Tide VI Complaint form, which is available online or at the City Clerk's office. The complaint form must be signed, mated or returned to the City Clerk's office at First Floor, City Hall, 108 Green Street Ithaca, NY 14850. Crnr ff 1TiWATIre VI COMPLa1NQ Pnw"K 2013PAae 13 CITY OF ITILACA RECEIPT ANo ACCEPTANCE Upon receipt of the complaint, the City Clerk will forward the complaint within two ('2') business days to the City of Ithaca Title VI Compliance Officers for a determination of jurisdiction and acceptability. The Title VI Compliance Officer will notify the Complainant, in writing within ten (10 ") days of receipt of the Complaint. The Title VI Compliance Officers for the City of Ithaca are: Schelley Michell -Nunn Director of Human Resources City of Ithaca Human Resources Civil Service Department City Hall, 2n0 Floor 108 East Green Street Ithace, NY 14850 Phone: (607) 2746539 Fax: (607) 274-6574 Email: schelleymn@chyofithaca.org Leslie Moskowitz z Manager of Organizational Development City of Ithaca Human Resources Civil Service Department City Hall, 2" Floor 108 Fast Green Street Ithaca, NY 14850 Phone: (607) 274 -6539 Fax: (607) 274-6574 Email: lesliem@cflyofithaca.org Jurisdiction and acceptance of the Complaint must meet the following criteria: 1. The complaint must be filed within 180 Calendar days of the alleged occurrence or when the alleged discrimination became known to the Complainant. 2. The allegatlon(s) must involve a Covered basis such as race, color, or national origin. 3. The allegation(s) must involve a City of Ithaca program or activity that receives Federal financial assistance. INVESTIGATION PROCESS All complaints will be investigated promptly. The investigation should be completed within thirty ( "30') days. The Title VI Compliance Officer will review each Complaint, and when necessary, begin the investigation process. At a minimum the investigation should include the following: notification to the department head; notification to the respondent with an opportunity to respond, in writing, to the allegations of discrimination; develop an investigative plan; conduct Interviews; collect and analyze evidence; and prepare an investigative report. Title VI Compliance Officer will undertake reasonable measures to maintain confidentiality. Upon completion of the investigation, If a Title VI violation is found to exist, remedial steps as appropriate and necessary will be taken immediately. The Complainant will also receive a final investigative report together with any remedial steps. The Investigation process and final report should take no longer than sixty ( "60') days. APPEAL PROCESS If no violation is found and the complainant wishes to appeal the decision, he or she may contact the Federal Transit Administration Office of Civil Rights at: Title VI Program Coordinator, FTA Office of Civil Rights, East Building, 5' Floor —TCR, 1200 New Jersey Ave., S.E., Washington, D.C. 20590, or file a complaint online through the FTA's website www .fta.dot.gov /civilrights /title6 /civil rights 5104.htmi. CM w xrrrAU Tire VI COMPLIANCL PRe6RArr 2013PAGE 14 CfrY OF IIHACA EXTERNAL FILING A complainant may file a complaint directy within 180 days of the date of the alleged discrimination with the Federal Transit Administration by filing a complaint with the Office of Civil Rights, attention: Title VI Program Coordinator, FTA Office of Civil Rights, East Building, 51" Floor —TCR, 1200 New Jersey Ave., S.E., Washington, D.C. 20590 or via their website www .fta.dol.gov/civilrights/titleB/civil rights 5104.html. A complainant may file a complaint directly with Tompkins County within one year from the last act of discrimination by filing a complaint with the local Human Rights Commission, attention: Tompkins County Human Rights Commission, 120 West Martin Luther King, JrJState Street, Ithaca, New York 14850, Phone: (607) 277 408 or Fax: (607) 277 -4016. There Is no filing fee. To request more information about Title VI, please contact CITY OF ITHACATITLE VI PROGRAM COORDINATORS Superintendent of Public Works Department of Public Works Second Floor of City Hell 108 East Green Street Ithaca, New York 14850 Phone: (607) 274 -8527 Fax: (607) 2748587 E -Mall: Jennifer Kusmir Project Manager City of Ithaca Planning Department Third Floor of City Hall 108 East Green Street hhaca, New York 14850 Phone: (607)274 -8550 Fax: (607) 274 -6568 E -Mall: jenniferk@cilyofithaca.org Cmros1t Tine VICoNPLP1Nre PRoaRAN1013PAQE 15 � § ||f Ono k a { §! ;};f ® k\fkk c | ■ ■| § / = )3\Vf ) BES§ §„ S m / / §EhE '2 '2 { {f 2f i" |� ) , J52 @ � ■ | k £ § / JAAA \ \ \ ) kk\ \/k \ E I ! �\ &e!a 722 \ E 70-, ,|! ! !!! /» « WI f2 £# ® � \j+ -� � l ;o .alm£ ,� o 0 °f!| 2 .00) !gt | ���_��� -,�, / { )kk- 7`!f;l�`.£7`£# 2lBi! @aail�� =t` c �� % «f)! (s ®[r.� « # §!ƒ §#q� aF�lMw�lr /!a!l8waoO,Ea- )kkaaƒ! APPENDIX A TABLE depicting minority representation on non elected committees and councils for the City of Ithaca, NY lip Population Latino A1iih' 'erican scan Board of 4 2 1 Public Works Commons Advisory 12 Board Outreach Strategies: include advertising in the local papers and on local listservs used for outreach, as well as soliciting key leaders in the various diverse communities to help identify possible applicants. City of Ithaca Title VI Commons Complaint Form Name: Address: Telephone (Home): Telephone (Work): Electronic Mail Address: Accessible Format Large Print Audio Tape ents7 TDD Other =rt Are you filing this complaint on your own behalf? Yes* No *If you answered "yes" to this question, go to Section III. If not, please supply the name and relationship of the person for whom you are complaining: Please explain why you have filed for a third Party: Please confirm that you have obtained the permission Yes No of the aggrieved party if you are filing on behalf of a third party. I believe the discrimination I experienced was based on (check all that apply): [ ] Race [ ] Color [ ] National Origin Date of Alleged Discrimination (Month, Day, Year): Explain as clearly as possible what happened and why you believe you were discriminated against. Describe all persons who were involved. Include the name and contact information of the person(s) who discriminated against you (if known) as well as names and contact information of any witnesses. If more space is needed, please staple an additional sheet to the form. City of Ithaca Title VI Commons Complaint Form You may attach any written materials or other information that you think is relevant to your complaint. Signature and date required below Signature Date Please submit this forth in person at the address below, or mail this form to: Julie Holcomb, City Clerk 108 E Green Street City of Ithaca, NY 14850 Have you previously filed a Title VI complaint Yes No with this agency? Have you filed this complaint with any other Federal, State, or local agency, or with any Federal or State court? []Yes []No If yes, check all that apply: [ ] Federal Agency: [ ] Federal Court [ ] State Agency [ ] State Court [ ] Local Agency Please provide information about a contact person at the agency /court where the complaint was filed. Name: Title: Agency: Address: Telephone: Name of agency complaint is against: Contact person: Title: Telephone number: You may attach any written materials or other information that you think is relevant to your complaint. Signature and date required below Signature Date Please submit this forth in person at the address below, or mail this form to: Julie Holcomb, City Clerk 108 E Green Street City of Ithaca, NY 14850 r 0 a d �a �� "e .. o� �� vs d ;. F a OA ITHAG APPENDIX B Corm Tl VICONM NMPwa 2013PA 16 CITY OF ITHACA APPENDIX B PUBLIC NOTICE CITY OF ITHACA ANTIDISCRIMINATION TITLE VI NOTICE AND COMPLAINT" PROCEDURE The City of Ithaca operates its programs and services without regard to race, color, and national origin in accordance with Title VI of the Civil Rights Act of 1964, which provides: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation In, be denied the benefts of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." The City of Ithaca, under Clty Code Chapter 215, is committed to ensuring that no person is excluded from participating in or denied the benefits of its public services on the basis of actual or perceived age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sex; sexual orientation; socioeconomic status; or weight. If you believe you have been subjected to discrimination under Title VI or related non - discrlminatory laws, you may file a complaint with the City of Ithaca. For more information on the City of Ithaca's Title VI Compliance Program, and the procedures to file a complaint, contact or visa: Title VI Intake Officer Julie Conley Holcomb City Clerk First Floor, C ty Hall 108 Green Street, Ithaca, NY 14850 Phone: (607) 2746570 1 Fax: (607) 2746432 Web: www.cityofithaca.org You mayfile a complaint directly with the Federal Transit Administration by filing a complaint with the Office of Civil Rights, attention: Title VI Program Coordinator, FTA Office of Civil Rights, East Building, 5" Floor — TCR, 1200 New Jersey Ave., S.E., Washington, D.C. 20590 You may file a complaint directly with Tompkins County by fling a complaint with the local Human Rights Commission, attention: Tompkins County Human Rights Commission, 120 West Martin Luther King, Jr. /State Street, Ithaca, New York 14650, Phone: (607) 277 -4080 1 Fax: (607) 277 -0016 If information is needed in another language, contact 607.274.6570 Cn W Zt T= VI COMOUI U PJP cGI M 2013PA9E 17 CITY OF ITHACA APPENDIX C CM 1T mTn VI COMRSIINCl PW 2013P� 18 07552 Federal Register /Vol. 76, No. 211 /Tuesday, November 1, 2011 /Notim FEDERAL FISCAL YEAR 2012 CERTIFICATIONS AND ASSURANCES FOR FEDERAL TRANSIT AD51MTRATION ASSISTANCE PROGRAMS (Signature page n/terawidw toprovipding hour and Aasuraneas in TEAM -Web) // Name ofApplicaot� f/T _ - /l(Li The Applicant agrees to comply with appLble psevldoas of Groups ill —24. OR The Applicant agrees to comply with applicable provitloca of the Groups it has selected: Grona Deserlo5on 01. Assarsoces Regvued For Each ApplicanL 02. Lobbying. 03. Promveonot Compliance. 04. Protections for Private Providers of Public Transportation. 05. Public Hearing. 06. Acquisition of Rolling Stock fm Use in Revenue Service. 07. Acquisition ofCapiml Assets by Lease. 08. Bus Testing. 09. Charter Service Agreement. 10. School Traospmoston Agreement. 11. Demand Respoaaiw Service. 12. Alwhol Nficuse and Prohibited Drug User. 13. Interest and Other Financing Costs. 14. Intelligent Traanpmusdon Systems. 15. Urbmired Am Formula Program. 16. Clem Fuels Grant Program. 17. Elderly Individuals and Indivi"s with Disabilities Formula Pmgmen and Pilot Program. 18. Nunurbmiecd Area Formula Program for States. 19. Job Access and Rcvcrse Commute (]ARC) Program. 20. New Freedom Program. 21. Paul S. Sarbanes Transit in Pecks Progt®. 22. Tribal Transit Program. 23, TIFIA Projects 24. Deposits of Federal Financial Prmding to a State lo0ashucaoe Banles. 45 Federal Register /Vol. 76, No. 211 /Tuesday, November 1, 2011 /Notices 67553 FEDERAL FISCAL YEAR 2012 FICA CERTIFICATIONS AND ASSURANCES SIGNATURE PAGE (Requiredofall Apolkanmfor FTA funding andall FTA Grantees with an ad[ve capital or formula project) AFFIRMATION OF APPLICANT Name ofApplicaut Name and Relationship of Authorized Representative: BY SIGNING BELOW, on behalf of the Applicant, I declare that the Applicator has duty authorized run` to make these certification and assuances and bind the Applicant's compliance. Thua, the Applicam agrees m comply with all Federal statues and regulations, and follow applicable Federal directives, and comply with the certifications and assurance as indicated on the foregoing page applicable to each application it makes to the Federal Transit Administration (FTA) in Federal Fiscal Year 2012. FTA intends that the certifications and assurances the Applicant select$ on the other side of this documant, as representative of the certifications and assurances, should apply, as provided, to each project for which the Applicant seeks now, m may later seek FCA funding during Federal Fiscal Year 2012. The Applicator affirms the truthfulness and accuracy of the certifications and assurances it has made in the statements submitted with this document and any other submission made to FTA, and acknowledges that the Program Fraud Civil Remedies Act of 1996,31 U.S.C. 3801 at seq., and implementing U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR part 31 apply in tiny cettificatian, assurance or submission made to FTA. The criminal proviai®s of 18 U.S.C. 1001 apply to my certification, assurance, n submission made in connection with a Federal public tram portatime program mathorised in 49 U.S.C. chapter 53 or any other statue in signing this document. I declare under penalties of perjury that the foregoing certifications and assurances, and my other statesianis made by me on behalf of the Applicant are time aal secuate. Signanne Date: Name Authorized Representative of Applicant AFFIRMATION OF APPLICANT'S ATTORNEY For (Name ofAppficam) As the undersigned Attorney for the above tamed Applicant, I hereby affm m the Applicant that it has authority under State, local, in tribal government law, as applicable, to make and comply with the certifications and assuances as indicated on the foregoing pages. I further affirm that, in my opinion. the certifications and assurances have been legally made and constitute legal and binding obligations on the Applicant. I further affirm to the Applicant that to the best ofmy knowledge, these is no legislation or litigation pending or imminent that might adversely affect the validity ofthese certifications said assurances, or of the performance of the project Sianatu a Dine: 46 Croon ITBACA APPENDIX D Trt VI CaNpL PI1pBR11M 2017P� 19 11.3 DPW — W &S — water main on Edgecliff Place is more than one century old, and WHEREAS, the water main on Edgecliff Place is four inch diameter cast iron line through which we can supply less than 190 - gallons per minute. This extremely low flow rate is indicative of a very heavily tuberculated pipe (lots of lumpy mineral and iron nodules on pipe walls), with a substantially reduced cross section, typical of a pipe long past its replacement due date, and WHEREAS, Cornell University has required that full sprinkler systems for fire protection be installed by year's end 2013 at all associated fraternities and sororities, and WHEREAS, the water main on Edgecliff Place cannot supply adequate water flow for fire prevention to the fraternity at 1 Edgecliff Place, Zeta Beta Tau, and WHEREAS, the water main is in need of replacement to meet the current and future needs of our customers on Edgecliff Place, and WHEREAS, City DPW Water & Sewer Division staff have completed engineering plans and estimated the cost of replacement to be $60,000, less if rock excavation is lower than expected, and WHEREAS, City DPW Water & Sewer Division staff estimates one of our crews could complete this work in six weeks or less during the late spring or early summer of 2013; now therefore, be it RESOLVED, That the Common Council establish Capital Project #525 with funding not to exceed $60,000 to facilitate the replacement of the water main on Edgecliff Place. Hydrant Flow Test Log Project Edgecliff Pl Project No. Edgecliffcul- de-sac Location: EdgecliffCul- De-Sac Conducted By: Scott Gibson, Matt Sledjeski Date: May 16, 2012 Time: 13:45 Sketch 1W 2 Is I Pressure Gauged Hydrant Number. M -103 Location: Edgecliffcul- de-sac Static, Ps: 70 psi Residual, Pa. 20 psi Flowed Hydrant Number: M -125 Location: Edgecliff and Stewart Ave. Flow, Qr 487 Spat Calculated Flow @ NA gpm 20pa4 Q20: W UNRAV H-3 Calc's. & Comments: r Q —QT -Ps —Pa lose —700 I 73a -20 �am a -PS Q:o— r 73s -52rg QR — Flow at Test Residual Fresslue TR- gpm Q20 — Flow calculated @ 20-psi residual — gpm Qr— Flow Test Result @ test mutual — Spat PR(20) — Calculated Residual Pressure R(20)-psi PM — Test Residual Pressure TR -psi PR — Pmflow test Static Pressure -psi Hydrant Flow Test Log Project Edgmliff PI — Test 2 Project No. Location: Edgecliff Cul- De-Sac Conducted By: Scott Gibson, Matt Sledjeski Date: June 19, 2012 Time: 9:30 1016 m Pressure Gauged Hydrant Number. M -125 Location: Edgecliff and Stewart Ave. Static, Ps 69 psi Residual, P,R 58 psi Flowed Hydrant Number: M -103 Location: Fdgecliffcul-de -sac Flow Qr <190 gpm (Flow registered below n accurate measurment o ) Calculated Flow @ spot 20psi, Q2o: m Calc's. & Comments: Q/, Q/, IrrI PF _ PR 11I0.sa _ 700 73,— 20 0.160 L�F— YTIPS —PTFJ Qp— T[735-52TR] QR— Flow at Test Residual Preu mTR -spot Q2o— Flow calculated @ 20-psi msidual— gpm QT— Flow Test Result @ ten residual— gpm PR(2o) — Calculated Residual Pm uee R(20) -Psi Pm — Test Residual Pressure TR -psi PS — Pre -Row rest Static Pressme-psi w ama J.z X00 eI V W K UZN �rN 6HW w�2 K 1 N f ��p�NEO d - m 3Z / aw z w� oa �3 0 a ' z 6 a o� Y C = 0 O f0 O m O � C WV�O mxw LL; W � ow� Fyzv N O'i N~ >m m� Wui Q3� U Q w 7 0 NOON ca w Q QZZ li �F.a it W WIZ H = 11.4 Treatment Plant is in need of certain Capital Improvements, and WHEREAS, Capital Project 416J Ithaca Area Wastewater Treatment Plant was authorized by Common Council in 2007 for $1,504,950, and WHEREAS, in order for the staff to maintain its goals as embodied in its five -year capital plan, this agreement provides engineering services for the next set of proposed capital improvements, and WHEREAS, this authorization for an amount not to exceed $44,500 will allow GHD to complete an engineering report evaluating equipment for the replacement of the bar screen, add a leachate storage system, miscellaneous improvements to the influent building and a biosolids dewatering system, and WHEREAS, the Special Joint Committee (SJC) approved said professional services contract with GHD at its meeting of March 13, 2013, contingent on fund availability and attorney approval of the agreement, and WHEREAS, Common Council authorized funding in the amount of $1,504,950 on December 5, 2007, for CP 416J and the available balance, as certified by the City of Ithaca Controller, is $57,325; now, therefore be it RESOLVED, That Common Council hereby recommends an amount not to exceed $44,500 to fund the proposed agreement with GHD Engineers utilizing funds from the remaining authorization from CP 416J, and be it further RESOLVED, That Common Council hereby authorizes this project amendment contingent upon action by all wastewater partners committing their percentage of reimbursement shares to the Joint Activity Fund allocated per the Joint Sewer Agreement as follows: Municipality Percentage Project Cost City of Ithaca 57.14 $25,427.30 Town of Ithaca 40.88 18,191.60 Town of Dryden 1.98 811.10 $44,500.00 11.5 DPW —Water and sewer - rteauest Tor runama Tor waver auumv V F WJV a 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 Cost Est. Bid Date 1 Sixty Foot Dam & Reservoir Improvements $5,050,000 June 2013 2 Water System Improvements $1,300,000 March 2013 3 Giles Street and Interconnection Building $3,150,000 March 2013 4 Water Treatment Plant $15,300,000 Sept. 2013 Part of 4 Membrane Purchase $4,000,000 Feb. 2013 Part of All Control Systems Integration Contract $500,000 Feb. 2013 OB &G Design & Construction Engineering $4,000,000 Ongoing Contingency (10 %) $3,700,000 and 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 $30,700,000 for a total project authorization of $36,700,000, 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). 15. MAYOR'S APPOINTMENTS: 15.1 Appointments to Local Board of Assessment Review - Resolution RESOLVED, That Kris Altucher and Linda Santos be appointed to the Local Advisory Board of Assessment Review for the City of Ithaca for 2013. 15.2 Commons Advisory Board RESOLVED, That Michael Perehinec be appointed to the Commons Advisory Board to fill a vacancy with a term to expire December, 31, 2014, and be it further 15.3 Parks Commission RESOLVED, That Ellen Leventry be appointed to the Parks Commission to fill a vacancy with a term to expire December 31, 2015, and be it further 15.4 Public Art Commission RESOLVED, That Samantha Hillson be appointed to the Public Art Commission to fill a vacancy with a term to expire June 30, 2016, and be it further 15.5 Appointment to Youth Council Advisory Board - Resolution RESOLVED, That Dr. Nia Nunn Makepeace be appointed to the Youth Council Advisory Board with a term to expire August 31, 2014.