HomeMy WebLinkAbout11-04-15 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING
A Regular meeting of the Common Council will be held on Wednesday, November 4,
2015, 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:
4.1 Public Hearing on the Mayor’s Proposed 2016 City of Ithaca Budget
5. SPECIAL PRESENTATIONS BEFORE COUNCIL:
6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
8. CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Department of Public Works – Request to Amend Personnel Roster - Resolution
8.2 Fire Department- Fire Safety Audit Corrective Action Plan - Resolution
8.3 Fire Department - Authorization to Enter Into Purchase Agreement with Houston-
Galveston Area Council (H-GAC) - Resolution
8.4 Fire Department – Authorization to Enter Into Purchasing Cooperative
Agreements
8.5 Department of Public Works - Reclassification of Sidewalk Program Manager
Position - Resolution
9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
No items were submitted for the agenda
10. CITY ADMINISTRATION COMMITTEE:
10.1 Fire Department – Approval of City of Ithaca/Town of Ithaca Fire Contract -
Resolution
10.2 City Attorney – Endorsement of Joint Efforts to Secure State Grant Funding for a
City-County Law Enforcement Consolidation Study - Resolution
Common Council Meeting Agenda
November 4, 2015
Page 2
10. CITY ADMINISTRATION COMMITTEE (Continued):
10.3 A Local Law Entitled “Confirmation of the Sidewalk Improvement District
Assessments, Budget, and Schedule of Work for Fiscal Year 2016”
10.4 Adoption of 2016 Budget - Resolution
10.5 Adoption of 2016 Tax Rate – Resolution
10.6 Adoption of 2016 Ithaca Area Wastewater Treatment Plant Budget - Resolution
10.7 Authorization for Additional 2016 Tompkins Consolidated Area Transit (TCAT)
Funding – Resolution
10.8 City Controller’s Report
11. REPORTS OF SPECIAL COMMITTEES:
12. NEW BUSINESS:
12.1 Proposed Commons Use Fees - Resolution
13. INDIVIDUAL MEMBER – FILED RESOLUTIONS:
14. MAYOR’S APPOINTMENTS:
14.1 Appointments/Reappointments to Various City Boards and Committees -
Resolution
15. REPORTS OF COMMON COUNCIL LIAISONS:
16. REPORT OF CITY CLERK:
17. REPORT OF CITY ATTORNEY:
18. MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the September 2, 2015 Common Council Meeting Minutes –
Resolution
18.2 Approval of the October 7, 2015 Common Council Meeting Minutes –
Resolution
19. 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.
______________________________
Julie Conley Holcomb, CMC
City Clerk
Date: October 30, 2015
8. CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Department of Public Works – Request to Amend Personnel Roster -
Resolution
WHEREAS, the Department of Public Works is the largest department in the City of
Ithaca, with a complex funding and accounting structure including six (6) funds (General
Fund, Water Fund, Sewer Fund, Solid Waste Fund, Sidewalk Fund and Stormwater
Fund) and 62 separate accounts throughout its four divisions and an annual budget of
$27 million; and
WHEREAS, the Department of Public Works receives various revenue streams from
Water and Sewer billings, Streets and Facilities billings, Newman Golf Course, parking
revenues, and from outside sources such as the Consolidated Highway Improvement
Program (CHIPS); and
WHEREAS, the Department of Public Works is currently supported by one
Administrative Coordinator, one Financial Clerk, and two Financial Management
Assistants, with one open funded position; and
WHEREAS, the Superintendent of Public Works has identified the need for developing
and implementing consistent financial and accounting procedures within its four
divisions for matters concerning billing, budget preparation, cost tracking, cost reporting,
payroll, and budget planning, and has explored various options for accomplishing these
goals; and
WHEREAS, the Superintendent of Public Works is recommending the creation of a
Manager of Fiscal Operations position as the most effective means of achieving these
goals; and
WHEREAS, the Ithaca Civil Service Commission established the classification of
Manager of Fiscal Operations at their September 2, 2015 meeting; now, therefore be it
RESOLVED, That the Personnel Roster of the Department of Public Works be
amended as follows:
Add: One (1) Manager of Fiscal Operations
Delete: One (1) Fiscal Manager
and be it further
RESOLVED, That the position of Manager of Fiscal Operations be assigned to the
managerial compensation plan at salary grade 8; 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 the funding for this change shall be derived from existing funds within
the Department of Public Works budget.
CITY OF ITHACA
108 East Green Street, Ithaca, New York 14850-6590
DEPARTMENT OF PUBLIC WORKS
Michael J. Thorne, P.E., Superintendent
Telephone: 607/274-6531 Fax: 607/274-6587
“An Equal Opportunity Employer with a commitment to workforce diversification.”
TO: Common Council
Svante Myrick
Steve Thayer
FROM: Michael J. Thorne, P.E.
Superintendent of Public Works
DATE: October 21, 2015
RE: Manager of Fiscal Operations Position for Department of Public Works
Dear Council Members,
In May of this year, I asked Common Council to vote on a resolution to replace one Financial
Management Assistant position in the Department of Public Works with the next higher level
position of Fiscal Manager. The request was made because management of the complex DPW
finances requires a person with a higher level of background and experience. In addition to
capital funds, the DPW has six funding sources and 62 operating accounts, many of which have
special rules and restrictions. The person hired for the position would be expected to create new
methods and procedures to bring order and consistency to the Department with regards to
budgeting, billing, payroll, financial planning, and cost tracking. Common Council voted to
approve the Fiscal Manager position.
Our recruitment effort for the Fiscal Manager position did not yield candidates with the skill sets
we are seeking. Working with Human Resources to re-evaluate the needs of the DPW and
expectations for the new position, we believe that the job requirements are above the level of
Fiscal Manager, and a new position should be created at the managerial level. The new position
would be titled Manager of Fiscal Operations, and would be assigned at managerial grade 8.
The Manager of Fiscal Operations will support all DPW divisions, and report directly to the
Superintendent of Public Works. The position will manage all financial aspects of the
Department, including establishing and implementing standardized procedures throughout the
Department, and will work closely with the Controller’s Office in doing so. Given DPW’s $27
million budget, I believe this position is a wise investment. Funding for the increased salary cost
of this position can be derived from within the current DPW budget.
8.2 Fire Department - Fire Safety Audit Corrective Action Plan - Resolution
WHEREAS, the Office of the State Comptroller conducted an audit of certain aspects of
the fire safety inspection process used by various municipalities, including the City; and
WHEREAS, the final audit report was issued on May 27, 2015, and contained four
recommendations for improvements to the City’s review, approval, and documentation
of the fire plans, evacuation plans, and fire drills required of certain property owners
under the New York State Fire Code; and
WHEREAS, General Municipal Law §35 requires Common Council to approve a
Corrective Action Plan detailing how and when measures will be implemented to
address the recommendations; and
WHEREAS, the Fire Department has already taken corrective action to implement the
recommendations contained in the audit as detailed in the Ithaca Fire Department 2015
Corrective Action Plan, and Council believes that such actions effectively address the
issues raised in the recommendations; now, therefore be it
RESOLVED, That Common Council approves the Ithaca Fire Department 2015
Corrective Action Plan; and, be it further
RESOLVED, That the City Clerk shall submit a copy of the Ithaca Fire Department 2015
Corrective Action Plan to the Office of the State Comptroller, and shall maintain the plan
on file for review by the public.
BACK-UP ITEM #8.2
2015
City of Ithaca Fire Department
Corrective Action Plan
Unit Name: City of Ithaca
Audit Report Title: Fire Safety
Audit Report Number: S9-14-49
The City’s initial response to the audit (dated December 22, 2014) contained most of the
details of the corrective actions planned by the City. Now that the Office of the State
Comptroller has released the final audit report, the City has finalized its corrective action
plan. For each recommendation included in the audit report, the following is the
corrective action the City has taken to resolve any issues.
Audit Recommendation #1: Review and approve all fire plans and evacuation
plans in accordance with the Fire Code.
Implementation Plan of Action: The department’s inspectors were previously reviewing
fire safety and evacuation plans and will continue to do so, but as detailed in Audit
Recommendations #2 and #4, records of review and approval were not previously kept.
As detailed in the Implementation Plans for those recommendations, the software used
by the inspectors now requires the inspectors to enter information regarding the
inspectors’ review of fire and evacuation plans, when such plans were reviewed and
approved, and whether such plans meet the requirements of the Fire Code.
Implementation Date: Prior to December 22, 2014.
Person Responsible for Implementation: C. Thomas Parsons, Fire Chief
Audit Recommendation #2: Keep documented evidence detailing when fire plans
and evacuation plans were reviewed and approved.
Implementation Plan of Action: We have already made the necessary changes to our
processes to record when fire safety and evacuation plans have been reviewed and
deemed acceptable. This was done by modifying our inspection software to require an
affirmation of compliance with the applicable sections covering fire safety and
evacuation plans. If there is no affirmation of compliance, a violation will be recorded in
an inspection report to the property or business owner.
Implementation Date: Prior to December 22, 2014.
Person Responsible for Implementation: C. Thomas Parsons, Fire Chief
Audit Recommendation #3: Determine whether the required number of drills are
conducted in accordance with the Fire Code and maintain documented evidence
of these reviews.
Implementation Plan of Action: We have already made the necessary changes to our
inspection software to require an affirmation of compliance with respect to whether
business and property owners are performing the required number of evacuation drills.
Buildings or business occupancies that are not performing the required number of
evacuation drills will be cited for non-compliance, and remediation plans will be required
to insure compliance.
Implementation Date: Prior to December 22, 2014.
Person Responsible for Implementation: C. Thomas Parsons, Fire Chief
Audit Recommendation #4: Ensure that buildings requiring a fire plan and
evacuation plan have plans that meet the minimum Fire Code requirements.
Implementation Plan of Action: The fire department’s inspectors have been reviewing
both fire safety and evacuation plans. However, they have not been indicating
compliance with each element required by law. A checklist has been created within the
department’s inspection software requiring confirmation by the inspectors that each
element required by the Fire Code is contained in both plans.
Implementation Date: Prior to December 22, 2014.
Person Responsible for Implementation: C. Thomas Parsons, Fire Chief
8.3 Fire Department - Authorization to Enter Into Purchase Agreement with
Houston-Galveston Area Council (H-GAC) - Resolution
WHEREAS, General Municipal Law §103 authorizes the City to purchase apparatus,
materials, equipment and supplies, including vehicles, and to contract for services
related to the installation, maintenance or repair of those items, through the use of
contracts let by the United States or any agency thereof, any state or any other political
subdivision or district therein so long as the contract is let in a manner that constitutes
competitive bidding consistent with state law; and
WHEREAS, the Houston-Galveston Area Council (H-GAC), a political subdivision of the
state of Texas, issues public competitive bids and awards contracts for public safety,
public works, and communication products and services, which are made available to
local governments nationwide through H-GAC Buy; and
WHEREAS, the Fire Department and Department of Public Works have identified lower
prices on certain products if purchased through H-GAC; and
WHEREAS, H-GAC’s competitive bidding process is consistent with New York State
law in that it publicly advertises each contract and bid specifications, evaluates and
selects the contract award based on the lowest responsible bidder or best value
standard; both methods are also authorized under New York State law, and with
specific regard to best value, was authorized within the City pursuant to Local Law; and
WHEREAS, to purchase through H-GAC, Common Council must authorize the City’s
entry into an Inter-local Contract for Cooperative Purchasing, and there is no fee for
entering into the agreement as the service is supported through administrative fees
assessed to the contractors; now, therefore be it
RESOLVED, That the Mayor is authorized, upon the consultation and advice of the City
Attorney, to sign the above referenced agreement between the City of Ithaca and H-
GAC.
MEMORANDUM
To: Common Council
From: Tom Parsons, Fire Chief
Date: October 15, 2015
Re: Resolution H-GAC Purchasing Cooperative
Currently, the Ithaca Fire Department purchases equipment and vehicles through local
competitive bidding; through United States GSA Contracts; or through NYS procurement
contracts. Many of our most expensive pieces of equipment are purchased through a competitive
bid process. In 2013, NYS passed legislation that allows municipalities to “piggyback” onto
contracts “let by the United States or any agency thereof, any state or any other political
subdivision or district therein”. The purpose of the legislation is to provide an additional
procedure that local government entities may purchase equipment or services without the time
and administrative costs associated with local competitive bidding. I have attached a memo from
the NYS Comptroller regarding the “Piggyback Law” passed in 2013.
The resolution that I submitted for your consideration will allow the City of Ithaca to purchase
equipment, and certain types of vehicles through the Houston-Galveston Area Council (H-GAC).
The following is background on H-GAC:
The H-GAC is a regional council of governments operating under the laws of the State of
Texas and governed by a board comprised of 36 elected officials from the 13 county
region. The H-GAC Board awards all contracts, which can then be made available to
local governments nationwide thru HGACBuy.
HGACBuy is a unit of local government and a political subdivision of the State of Texas.
The HGACBuy Program is over 30 years old and specializes in high ticket, capital
intensive products and services that require technical, detailed specifications and
extensive professional skills to evaluate bid responses. HGACBuy offers equipment and
apparatus typically purchased by Emergency Services Departments and Public Works
Departments. All products offered through HGACBuy have been awarded by virtue of a
public competitive process and complies with the requirements of NYS GML 103.
8.4 Fire Department – Authorization to Enter Into Purchasing Cooperative
Agreements
WHEREAS, General Municipal Law §103 authorizes the City to purchase apparatus,
materials, equipment and supplies, including vehicles, and to contract for services
related to the installation, maintenance or repair of those items, through the use of
contracts let by the United States or any agency thereof, any state or any other political
subdivision or district therein so long as the contract is let in a manner that constitutes
competitive bidding consistent with state law; and
WHEREAS, City Departments have identified savings on certain products offered
through purchase cooperatives run by state political subdivisions (school districts,
municipalities, etc.) issuing public competitive bids and awarding contracts for various
public safety, public works, communication products and services, and other products,
and which contracts are then made available to local governments through membership
in the cooperative; and
WHEREAS, to purchase through such purchasing cooperatives, the City must typically
execute an agreement to participate; now, therefore be it
RESOLVED, That the City’s purchasing policy be amended to authorize the Mayor,
upon the consultation and advice of the City Attorney and the City Controller, to enter
into purchasing cooperatives agreements with other governmental entities or political
subdivisions, where there is no fee to the City to become a member, and where the
cooperatives and their underlying bidding procedures meet the requirements of General
Municipal Law §103.
1
-
STATE OF NEW YORK
OFFICE OF THE STATE COMPTROLLER
110 STATE STREET
ALBANY, NEW YORK 12236
November 2013
To: Chief Fiscal Officers
Subject: New “Piggybacking” Law - Exception to Competitive Bidding (Updated)
Please provide copies of this bulletin to others who may need this information.
Background
Effective August 1, 2012, a new subdivision 16 was added to General Municipal Law (GML) §
103 to authorize political subdivisions and districts therein to purchase apparatus, materials,
equipment and supplies, and to contract for services related to the installation, maintenance or
repair of those items, through the use of contracts let by the United States or any agency thereof,
any state or any other political subdivision or district therein. The contract must be made
available for use by other governmental entities.
This exception to GML § 103 (1), as originally enacted, provided that the contract must have
been let in a manner that constitutes competitive bidding consistent with state law. GML § 103
(16) was amended by chapter 497 of the Laws of 2013, to provide that the contract must be let
either to the lowest responsible bidder or on the basis of best value in a manner consistent with
GML § 103. The amendment to subdivision 16 became effective on November 13, 2013. GML
§ 103 (16), as amended, is scheduled to expire on August 1, 2017. Political subdivisions (other
than New York City) that wish to make procurements under GML § 103 (16) through the use of
a contract let on the basis of best value must have first authorized the use of best value for
awarding their own purchase contracts by local law, or in the case of district corporations (e.g.
fire districts), school districts and BOCES, rule, regulation, or resolution. This authorization
may be accomplished by the adoption of a single local law or single rule, regulation, or
resolution. The stated purpose of GML § 103 (16) is to reduce administrative and product cost,
and increase efficiencies.1
Many local governments have been approached by vendors offering goods and services under
other governmental contracts and, in some cases, vendors have asserted that the contract falls
within the exception in GML § 103 (16). It is the responsibility of local officials to review each
proposed procurement to determine, on advice of the local government’s counsel as appropriate,
whether the procurements falls within the exception. To assist local government officials in
undertaking this review, we offer the following guidance.
2
Three Prerequisites
There are three prerequisites that must be met in order for a procurement of apparatus, materials,
equipment and supplies, and related installation, repair and maintenance services, to fall within
this exception:
(1) The contract must have been let by the United States or any agency thereof, any state
or any other political subdivision or district therein. Therefore, there must be an
underlying contract let by one of the listed governmental entities. Contracts developed
for use by local governments that are let by private parties (e.g., a private company,
association or not-for-profit corporation is the party awarding the contract to the vendor),
and not by the United States or any agency thereof, any state or any other political
subdivision or district therein, would not fall within the exception. 2
The phrase “any state or other political subdivision or district therein” clearly includes
other states, and political subdivisions in other states. In our view, it also includes New
York State political subdivisions. Therefore, in addition to the current competitive
bidding exception for certain purchases through contracts of New York State counties
(County Law § 408-a; GML § 103 [3]), local governments also may purchase through
qualifying contracts let by other New York State political subdivisions under this
exception.
(2) The contract must have been made available for use by other governmental entities.
This means that the other governmental entity has taken steps to make its contract
available for New York local governments. In general, this would occur by inclusion in
the contract let by the other entity of a clause extending the terms and conditions of the
contract to other governmental entities. Unilateral offers by vendors to extend contract
pricing and other terms and conditions would not fall within the exception.
(3) The contract must have been “let to the lowest responsible bidder or on the basis of
best value in a manner consistent with this section.” The term “consistent with this
section” refers to General Municipal Law § 103 (and related case law) applicable to New
York State political subdivisions. The purchasing local government would need to obtain
background information on the procedures used to let the contract and, as necessary,
consult with its counsel, to determine whether this prerequisite is met. Additional
guidance on complying with this prerequisite follows.
Determining Consistency with GML § 103
In order for a non-New York contract to have been let to the lowest responsible bidder or on the
basis of best value (competitive offering)3 in a manner “consistent” with GML § 103, the
3
procedures used by that government need not be exactly the same as those under GML § 103.
Rather, the procedures for letting the non-New York contract must be in harmony or general
agreement with, and further the same principles as the competitive bidding or best value
requirements of GML § 103.4 In this regard, the courts in this state have stated that the
underlying purposes of GML § 103 are to guard against favoritism, improvidence, extravagance,
fraud and corruption, and to foster honest competition in order that the local government may
obtain the best goods and services at the lowest possible price to protect the public fisc.5
Based on the provisions of GML § 103 as construed by the courts in this State, and the
underlying purposes of GML § 103, we believe there are four fundamental elements that should
be present in the procedures used by the non-New York entity in letting its contract in order for
the process to have been let to the lowest responsible bidder or on the basis of best value
consistent with GML § 103. These elements are:
• Public solicitation of bids or, in the case of best value, offers. A public solicitation is
consistent with the statutory advertising requirement in GML § 103,6 and serves to
ensure that the purposes of GML § 103 are furthered.
• Submission of sealed bids or offers, or analogous procedures to secure and preserve
the integrity of the process and confidentiality of the bids or offers submitted. A
secure competitive bidding or best value process is consistent with the sealed
competitive bidding and competitive offering requirements of GML § 103 7 and helps
foster honest competition and guard against collusion.
• Preparation of specifications, or a similar document that provides a common standard
for bidders or offerers to compete fairly. Consistent with the purposes of GML § 103,
the contracting entity, in advance of the submission of bids or offers, should convey
the nature of the goods or services and other information necessary for prospective
bidders or offerers to make an intelligent evaluation and bid or offer, without being
unduly restrictive.8 In the case of a best value process, this generally should include a
description of the manner in which the evaluation of the offers and award of the
contract will be conducted and, as appropriate, identify the relative importance or
weight of price and non-price factors.9
• Award to the lowest bidder who materially or substantially meets the bid
specifications and is determined to be a responsible bidder, or in the case of a best
value process, an award to the responsive and responsible offerer 10 which optimizes
quality, cost and efficiency, reflecting objective and quantifiable analysis, whenever
possible.11 A contract awarded through a negotiation process would not be
consistent with the requirements and purposes of awarding to the lowest responsible
bidder or on the basis of best value in a manner consistent with GML § 103.
4
Other Factors to Consider; Internal Controls.
• Contractual Relationship. By placing an order with the contract vendor, the
purchasing local government generally will be entering into a contractual relationship
with that vendor in accordance with the terms and conditions of the contract.
Accordingly, local officials, in consultation with the attorney for the local
government as necessary, should carefully review those terms and conditions before
making the purchase. In some cases, the contract may have been let in a manner
consistent with GML § 103, but the terms and conditions of the contract may conflict
with other New York State laws or regulations.12 This could result in the local
government being unable to use the contract.
• Audit of Claims. The payment to the contract vendor will be subject to standard
procedures for claims processing, including audit of claims procedures.
• Cost Savings Justification. Unlike recent amendments to GML §§ 103 (3) and 104
pertaining to county and certain federal contracts (e.g. L 2003, ch 62; L 2011, ch 97),
GML § 103 (16) does not expressly require local governments to consider whether
the contract will result in cost savings. Nonetheless, local officials should perform a
cost-benefit analysis before utilizing this exception. This will help ensure that the
local government is furthering the underlying purposes of the new law, and that the
procurement is consistent with the purposes of GML § 103. The analysis should be
used to demonstrate whether “piggybacking” is cost effective and should consider all
pertinent cost factors, including any potential savings on the administrative expense
that would be incurred if the local government initiated its own competitive bidding
or best value process.
• Documentation. Local governments should maintain appropriate documentation to
allow for a thorough review of the decision to use this exception to competitive
bidding by local government officials, external auditors and taxpayers. This
documentation may include such items as copies of the contract, analysis of the
contract to ensure it meets the three prerequisites stated above, and cost savings
analysis including consideration of other procurement methods.
Procurements Below the Bidding Monetary Threshold; Policies and Procedures
As noted, GML § 103 (16) provides an exception to the requirements of subdivision one of that
section. However, procurements that are below the monetary thresholds set forth in Section 103
(1)13 (or otherwise fall within another exception, such as emergency purchases)14 already are
exempt from the requirements of GML § 103. Those procurements, instead, are subject to the
local government’s own procurement policies and procedures adopted pursuant to GML § 104-b.
Therefore, whether a local government may make purchases that are below the statutory
thresholds by “piggybacking” on contracts let by governmental entities listed in GML § 103 (16)
will be governed by the local government’s own procurement policies.15
5
Please feel free to contact Mark Stevens in our Division of Legal Services (518-402-4437) with
legal questions, and the State Comptroller’s regional office that serves your local government
with internal control and documentation questions.
End Notes
1 NY Senate and Assembly Mems in Support of S. 5525-C/A. 8034-C, 2012. The amendment also states that the
authority provided in GML § 103 (16) does not relieve any obligation of the local government to comply with any
applicable M/WBE business enterprise mandates and the preferred source requirements of State Finance Law § 162. 2 In 2011, the GML was amended to permit political subdivisions to participate in two specific federal contract
extension programs (“Supply Schedule 70” and “Section 1122”) as exceptions to the requirements of GML § 103
(GML §§ 103 [1-b], 104 [2]). GML § 104 (2) was further amended by chapter 497 of the Laws of 2013 to provide
that political subdivisions, as exceptions to the requirements of GML § 103, may make use of several additional
federal programs made available to local governments (local preparedness acquisition act [“Schedule 84”]; section
833 of the John Warner national defense authorization act for fiscal year 2007; and federal supply schedule usage
act of 2010). These exceptions, which are separate from, and not subject to the prerequisites of GML § 103 (16), are
scheduled to sunset on June 24, 2014. Any other federal contracts are subject to the prerequisites of GML § 103
(16).
3 The “lowest responsible bidder” requirement dictates that the contract award is made to the low price bidder who is
determined to be a responsible bidder (see e.g. AAA Carting v Town of Southeast, 17 NY3d 136). As an alternative
to lowest responsible bidder awards, GML § 103 allows political subdivisions, by local enactment, to make awards
of certain purchase contracts to “responsive and responsible” vendors on the basis of “best value,” as defined in
State Finance Law § 163. “Best value” is defined in State Finance Law § 163 as a basis for awarding a contract to
the offerer which optimizes quality, cost and efficiency among responsive and responsible offerers, reflecting,
whenever possible, objective and quantifiable analysis. The definition of “best value” provides that “[s]uch basis
may also identify a quantitative factor for offerers that are small businesses or certified minority- or women-owned
business enterprises as defined in subdivisions one, seven, fifteen and twenty of section three hundred ten of the
executive law to be used in evaluation of offers for awarding of contracts for services.” Political subdivisions, other
than New York City, are required to first authorize the use of best value awards by local law, or in the case of
district corporations (e.g. fire districts), school districts and BOCES, by rule, regulation, or resolution. The
amendments to GML § 103 which added the best value option (L 2011, ch 608 as amended by L 2012, ch 2)
distinguished the best value process from competitive bidding, referring to the best value process as a “competitive
offering” (GML § 103 [1-a], [4], [6], [7]; see also GML § 103, section heading). 4 See e.g. Stocker v Sheehan, 13 AD3d 1. 5 See e.g. AAA Carting v Town of Southeast, 17 NY3d 136; Associated General Contractors v New York State
Thruway Authority, 88 NY2d 56; Jered v NYCTA, 22 NY2d 187; see also GML § 100-a. 6 See GML § 103 (2).
7 See GML §§ 103 (1), (5).
8 See e.g. AAA Carting v Town of Southeast, 17 NY3d 136; Browning-Ferris v City of Lackawanna, 204 AD2d
1047; Progressive Dietary v Wyoming County, 90 AD2d 214; Matter of L & M Bus Corp. v New York City Dept.
of Educ., 17 NY3d 149; Gerzof v Sweeney, 16 NY2d 206.
9 See State Finance Law § 163 (9) (b); see also footnote 11 for a discussion on non-price factors.
10 Whether a bidder or offerer is “responsible” involves a factual, case by case examination into a bidder’s
background, assessing factors such as a bidder’s capacity and financial ability to complete the contract,
accountability, reliability and integrity (see e.g. DeFoe v New York City, 87 NY2d 754; Abco Bus v Macchiorola,
75 AD2d 831 revd on dissent 52 NY2d 938; State Finance Law § 163 [1] [c]). The New York Court of Appeals has
held that, as a matter of due process, a bidder is entitled to reasonable notice and a timely and adequate opportunity
to be heard before a determination of non-responsibility is made (LaCorte v County of Rensselaer, 80 NY2d 232).
In addition, the New York courts have distinguished between the case by case determination of responsibility and
the authority to debar or suspend bidders from future contracts (see e.g. Callanan v White, 118 AD2d 167 lv denied
123 AD2d 462 and 69 NY2d 601). There is only limited authority in New York to debar bidders from future
contracts (e.g. Labor Law § 220-b, 235). There is, however, authority for bidders on contracts for public work to be
“pre-qualified” under certain circumstances (GML § 103 [15]). For purposes of a contract that has been awarded on
the basis of best value, a “responsive” offerer is an offerer meeting the minimum specifications or requirements as
prescribed in the procurement solicitation (see State Finance Law § 163 [1] [d]). Consistent with the best value
6
requirements of GML § 103, no political subdivision, other than New York City, may use a contract awarded on the
basis of best value unless the political subdivision has first adopted a local law, rule, regulation or resolution, as the
case may be, in accordance with GML § 103 (1), authorizing the use of best value for awarding purchase contracts. 11GML § 103 (1); SFL § 163 (1) (j). With respect to whether a contracting entity has let a contract on the basis of
best value in a manner consistent with GML § 103, the contracting entity may have considered non-price factors
when awarding the purchase contract, such as reliability of a product, efficiency of operation, difficulty/ease of
maintenance, useful lifespan, ability to meet needs regarding timeliness of performance, and experience of a service
provider with similar contracts. To ensure that, whenever possible, there has been an objective and quantifiable
analysis consistent with the requirement under GML § 103 (1) and SFL § 163 (1) (j), as a rule, the contracting entity
should have used a cost-benefit analysis or other similar process to demonstrate quantifiable value or savings from
non-price factors that offset the price differential of the rejected lower price offer (see e.g. Matter of Transactive v
New York State Department of Social Services, 236 AD2d 48 affd on other grounds 92 NY2d 579. If the
contracting entity let the best value contract based on criteria that was not objective and quantifiable, some form of
justification should be provided (see State Finance Law § 163 [9] [a]).
12 For example, an out-of-State contract may require advance payment to the vendor. With limited exceptions, local
governments may not pay a claim for goods or services prior to audit and approval by the claims auditing body or
official, or prior to the receipt of goods or services (see e.g. Town Law § 118; Village Law § 5-524 [4]; County Law
§ 369 [2]; Education Law § 1724; 8 [A-2] NYCRR § 170.2 [k]). Therefore, such a clause may conflict with New
York State statutes.
13 The monetary threshold is $20,000 for purchase contracts, and $35,000 for contracts for public work, calculated as
prescribed in GML § 103 (1). 14 See GML § 103 (4). 15 GML § 104-b generally requires that the procurement policies and procedures provide for obtaining alternative
proposals or quotations when a procurement is not subject to bidding requirements (GML § 104-b [2] [b]). The
procurement policies, however, may set forth circumstances when, or types of procurements for which, in the sole
discretion of the governing body, the solicitation of alternative proposals or quotations will not be in the best interest
of the local government (GML § 104-b [2] [g]). Local officials should undertake the same type of cost-benefit
analysis and documentation as discussed above before permitting an exception to the local government’s
procurement policies and procedures for these contracts. Local officials also should review and, as necessary,
update the policies and procedures to ensure that use of this new exception for procurements above the bidding
threshold is consistent with the relevant policies and procedures, and that provisions for cost savings justification
and documentation to support the use of “piggybacking” as an exception to bidding are incorporated.
8.5 Department of Public Works - Reclassification of Sidewalk Program
Manager Position - Resolution
WHEREAS, the Sidewalk Program Manager requested a review of his position pursuant
to the terms of the CSEA Administrative Unit contract; and
WHEREAS, the review determined that the position has evolved beyond the duties and
responsibilities originally anticipated when it was created in January 2014; and
WHEREAS, the Human Resources Department reviewed the point factor evaluation of
the Sidewalk Program Manager position and determined that the growth in
responsibilities merits an increased point factor rating, which results in the reallocation
of the position to a higher salary grade; now, therefore be it
RESOLVED, That the position of Sidewalk Program Manager be reallocated from
Grade 13 to Grade 15 of the CSEA Administrative Unit Compensation Plan; and, be it
further
RESOLVED, That funding in the amount of $2,540.76 to cover this salary increase
retroactive to August 13, 2015 shall be derived from Account #S-5410.
10. CITY ADMINISTRATION COMMITTEE:
10.1 Fire Department – Approval of City of Ithaca/Town of Ithaca Fire Contract -
Resolution
WHEREAS, the existing agreement between the Town of Ithaca and the City of Ithaca
by which the Ithaca Fire Department provides service to the Town of Ithaca is set to
expire on December 31, 2015; and
WHEREAS, the City and Town previously extended the contract from a December 31,
2014 expiration to the current December 31, 2015 expiration in order to permit ongoing
negotiations to be completed; and
WHEREAS, after negotiating for well in excess of one year, negotiators for the City and
the Town recommend bringing the negotiations to a conclusion at this time so as to
avoid the necessity of an additional extension; and
WHEREAS, throughout the negotiations, the Town’s negotiators insisted on identifying
cost savings to reduce the Town’s cost under this contract; and
WHEREAS, throughout the negotiations, the City’s negotiators insisted on maintaining
current levels of service in the face of proposed cost saving measures; and
WHEREAS, the Town identified and insisted upon the incentivizing of a volunteer
firefighting program, as a cost saving measure that could nonetheless maintain current
levels of service and current levels of professional firefighter staffing; and
WHEREAS, the resulting clause is reflected in section 13(a) of the accompanying
proposed contract, requiring the recruitment of five volunteer firefighters for every one
paid firefighter in excess of sixty-five positions in the Department, including
administrative staff; and
WHEREAS, the Department is currently staffed with sixty-three funded positions,
including administrative staff but not including the fraction of a position represented by
the contractual services purchased in lieu of a Deputy Chief; now, therefore be it
RESOLVED, That the Mayor, upon review by the City Attorney, is hereby authorized to
execute an agreement substantially as included herewith, and with such exhibits as may
be recommended by the City Controller and the City Attorney, setting a new term for
this contract to expire on December 31, 2019.
BACK-UP ITEM 10.1
THIS AGREEMENT
Made as of the day of , 2015, by and between THE CITY OF
ITHACA, Tompkins County, New York, (hereinafter referred to as the “City”), party of
the first part, and THE TOWN BOARD OF THE TOWN OF ITHACA, (hereinafter
referred to as the “Town”, acting as and for the Fire Protection District of the said town.
WITNESSETH:
WHEREAS, the party of the first part is the governing Board of the Municipal Fire
Department and Common Council of the City of Ithaca, and has under its control and
custody personnel and fire fighting equipment of said Department, and
WHEREAS, there has been duly established in said Town a fire protection district
known as “Town of Ithaca Fire Protection District”, embracing all of the territory in said
Town, except the Village of Cayuga Heights, and
WHEREAS, following a public hearing duly held pursuant to New York Town Law
§ 184, said Town was duly authorized to contract with the party of the first part for fire
protection and emergency medical service to the portion of said district hereinafter
defined, upon the terms and provisions herein set forth;
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
1. Provision of Services. The City shall provide for the portions of the Town of
Ithaca Fire Protection District covered by this Agreement fire protection services and
emergency medical services equal in level, types and quality to the services the Ithaca
Fire Department provides throughout the City. The Ithaca Fire Department shall, to the
best of its ability perform its services using the methods, equipment and apparatus,
numbers of personnel, timing, and degree of skill and care ordinarily exercised under
similar conditions by experienced, competent and reputable fire departments operating
in the same or similar locality at the time of performance. The Ithaca Fire Department
shall, to the best of its ability keep its facilities, apparatus and equipment in good
working condition at all times. The City and Ithaca Fire Department shall comply with all
applicable laws and regulations in carrying out their duties under this Agreement.
The portions of the Town of Ithaca Fire Protection District covered by this Agreement
are hereafter referred to as the “Town of Ithaca Covered Area” and are described as
follows:
ALL of the Town of Ithaca, excepting the following areas:
(a) The Village of Cayuga Heights;
(b) The northeast section of the Town of Ithaca that is situated east of the east
boundaries of the Village of Cayuga Heights and the City of Ithaca, south of the
Village of Lansing/Town of Ithaca boundary, west of the Town of Dryden/Town of
Ithaca boundary and north of a line described as follows: Beginning at a point
where Forest Home Drive intersects the east boundary of the City of Ithaca with
the Town of Ithaca, thence southerly along the Town/City line approximately 250
feet to the westerly end of a dead-end service road running behind the
Plantations Service Building, thence easterly along the toe of a slope of an uphill
grade to the south, crossing Judd Falls Road and Caldwell Road and continuing
easterly and southeasterly to a point along the center of the elevated grade that
runs between the Arboretum Road and New York State Route 366, thence
northerly and northeasterly to a point at the northwest corner of the parking area
attached to the former Cornell University Transit Facility, and thence northerly to
the point where Forest Home Drive crosses the boundary line between the
Towns of Ithaca and Dryden.
Such southerly line is more particularly shown on the map attached as EXHIBIT
A by the dashed line running generally easterly from the Town of Ithaca/City of
Ithaca boundary to the Town of Ithaca/Town of Dryden boundary.
Generally, the intent is to exclude from the service area those buildings and
properties generally accessed from Plantations Road and north, and to include in
the service area those buildings and properties that are generally accessed from
Tower Road, from Judd Falls and Caldwell Roads south of Plantations Road, or
accessed from NYS Route 366, and south.
The Cornell University Filtration Plant is excluded from the area to be serviced
under this Agreement (this exclusion being the only change in territorial coverage
in this Agreement compared to the January 1, 1995, agreement between the
parties).
The parties agree that the Town may, on 30 days’ written notice to the City, and without
the approval of the City, eliminate from the Town of Ithaca Covered Area any lands that
the Town may from time to time omit from the Town of Ithaca Fire Protection District,
provided, however, that such elimination shall not alter the calculation of the Town’s
total taxable assessed valuation of real properties in the Town of Ithaca Covered Area,
as calculated in Section 5(b) hereof, which calculation shall be completed as if such
elimination had not occurred.
2. Fire Hydrants.
(a) To aid in the determination of hydrant and water source locations with
reference to particular alarms, the Town shall furnish to the City the most recently
available map of all areas of the Town having hydrant service, showing hydrant
locations, normal static hydrant pressure, hydrant flows, static water sources, streets
and highways, location and addresses of improved properties with hydrants and the
identity of the owner thereof. It shall be the sole responsibility of the Town of Ithaca to
provide the City with updated changes in hydrant locations, static sources, and to the
related data set forth herein, immediately as they occur. Revised maps reflecting such
changes shall be provided at least quarterly. The Ithaca Fire Department shall be
entitled to rely on such map and shall not be responsible for any inaccuracies therein.
(b) The Town of Ithaca shall perform all water system testing required by the
Insurance Services Organization (ISO), at the frequency specified. The Town will adopt
and maintain the NFPA color coding system indicating hydrant flows.
(c) The Town of Ithaca shall provide information on any impaired hydrant or
system as soon as practicable after the Town becomes aware of the impairment, and
on any new or modified installation that does not meet minimum standards as specified
by the American Water Works Association (AWWA), the National Fire Protection
Association (NFPA), or the New York State Uniform Fire Prevention and Building Code.
(d) The Town shall maintain an inventory of replacement hydrants adequate to
insure timely replacement of damaged hydrants when necessary.
(e) For purposes of maintenance and testing, any hydrant use by the Ithaca Fire
Department shall be according to procedures established by the Town and/or the
Southern Cayuga Lake Intermunicipal Water Commission (Bolton Point).
3. Use of Mutual Aid. The City warrants and covenants that as soon as a
serious fire or other emergency results in a situation that could potentially leave the
Town of Ithaca Covered Area without adequate coverage from the Ithaca Fire
Department, the City, through its Fire Department, shall immediately seek protection
through the Tompkins County mutual aid assistance agreement dated September 12,
1955, updated July, 1993 as it may be amended or renewed from time to time, which
provides coverage to the Town of Ithaca through deployment of equipment and/or
personnel brought into the City or the Town of Ithaca pursuant to the City’s request for
mutual aid.
4. Term.
(a) The term of this Agreement shall be the date of execution of this agreement
through December 31, 2019, with an annual review to be held jointly by both parties no
later than August 15, 2016, and August 15 of each subsequent year of this Agreement
(2017, 2018, and 2019 ). The purposes of the annual review are to clarify any confusion
in the Agreement, review expenditures, propose any changes to the Agreement and
discuss any changes in Fire Department operations and costs regarding the provision of
the services cited in this Agreement for the next year.
(b) Upon 60 days written notice by either party of a need for a modification other
than the modification described in paragraph 4 (a), the parties may agree to re-enter
negotiation for the purpose of making such change or modification as may be agreed
upon.
5. Payments by Town.
The Town shall pay the City the following annual sums for the City’s services
under this Agreement:
2015: $ 3,177,504
2016: $ 3,241,055
2017: $ 3,305,876
2018: $ 3,371,994
2019: $ 3,439,433
The Town shall pay each annual sum in twelve (12) equal monthly payments.
Each monthly payment shall be due by the fifteenth (15th) day of that month.
The parties agree that the annual sums set forth above for the years 2015- 2019
shall be adjusted pursuant to the following methodology. The parties agree to amend
this Agreement accordingly and in as expeditious a fashion as possible to state the
adjusted sums once they are agreed upon. Under no circumstances shall the total
amount paid by the Town in any calendar year, plus any adjustment for that year paid in
the subsequent year, exceed the annual budgeted amount for Net Expenditures
(defined in Section 5(f)(i) below and approved by the Town in Section 6 below) without
the Town’s prior written approval of any budget changes resulting in such increase.
(a) Net Expenditures. The Town’s annual sums for the years 2011-2014 shall be
adjusted upward or downward by the amount of any Town underpayment or
overpayment, as the case may be, for the preceding year. Each year, the Town’s
Percentage Share (defined in Section 5(d) below) of the preceding year’s annual Net
Expenditures for the Ithaca Fire Department shall be calculated as set forth below in
Sections 5(b) et. seq.
On or before the 10th of each month, the City shall supply to the Town a
statement in substantially the form annexed hereto as EXHIBIT B certified by the Fire
Chief or City Controller as being true and correct detailing the actual revenues and
expenditures of the Ithaca Fire Department for the preceding month. The actual annual
Net Expenditures for a calendar year will be determined by March 31 of the subsequent
calendar year, with a corresponding adjustment being made in the next monthly
payment after the Agreement is amended to reflect the adjustment. Any additional
recommended or required adjustments resulting from any State Comptroller’s audit, the
City Controller’s report, or an independent auditor’s report shall become the subject of
review, discussion and agreement between the parties prior to any such adjustment
being reflected in any subsequent payment. This Agreement shall be amended as soon
as possible once adjustments are agreed upon to reflect all adjustments.
The City shall maintain records and accounts of all activity, income, expenses,
receipts and payments relating to the Ithaca Fire Department, which accounts shall
include, at a minimum, all of the line items set forth in the Year 2015 Ithaca Fire
Department budget attached to this Agreement as EXHIBIT C. The City shall also
supply a list of applicable budget codes detailing the nature of the budget lines set forth
in EXHIBIT C. The City, upon prior reasonable notice, shall provide the Town and its
agents access to the City’s accounting books, records, accounts, payroll documents
and facilities that are directly pertinent to this Agreement for the purposes of examining,
auditing, and inspecting all accounting books, records, work data, documents, and
activities related to this Agreement. The City shall maintain such books, records, data
and documents in accordance with generally accepted accounting principles and shall
clearly identify and make such items accessible to the Town and its agents during the
City’s performance under this Agreement and for a period of six (6) years from the date
of the Town’s final payment. The City shall permit the Town and its agents to reproduce
documents or excerpts of documents by photocopying or electronic means, provided
that the Town shall reproduce such documents on the City’s premises unless it receives
prior consent from the City to do so off-site.
The City will provide the Town with a copy of the City Controller’s annual financial
report for the Ithaca Fire Department within 120 days of the close of the calendar year
unless the time is extended by mutual written agreement. The City shall provide to the
Town copies of an annual independent auditor’s report and any State Comptroller’s
audit report that includes Ithaca Fire Department operations within 14 days of receipt of
such reports. All adjustments for each municipality’s share shall be finalized as each
final report is received, subject to the parties’ review and discussion as set forth above.
Upon expiration of this Agreement or if this Agreement terminates early, instead
of applying adjustments to future payments, the adjustments shall be made in cash from
one party to the other no later than June 1 immediately following the March 31
finalization of actual costs, and with respect to adjustments flowing from final figures as
determined by the State Comptroller, the City Controller, and/or the independent
auditor, within one month of the date of receipt of the final report from each of said
persons or entities, respectively.
(b) The total taxable assessed valuation of real properties in the City shall be
combined with the total taxable assessed valuation of real properties in the Town of
Ithaca Covered Area. Such amounts are hereinafter referred to as the “Combined
Taxable Assessed Valuation”. The Combined Taxable Assessed Valuation shall be
calculated and agreed upon by the parties as close as reasonably possible to
September 1 of each year.
(c) The portion of the Combined Taxable Assessed Valuation located within
the Town of Ithaca Covered Area shall be divided by the total Combined Taxable
Assessed Valuation. The result is referred to hereinafter as the “Town’s Percentage”.
(d) The Town’s Percentage shall be multiplied times the Net Expenditures for
the preceding year, and the resulting figure shall be deemed the Town’s Percentage
Share. The difference between the Town’s Percentage Share and the annual sum
stated above for the relevant year shall constitute the adjustment described in this
Section.
(e) An example of the foregoing calculation is as follows: Assume the annual
sum for year X is $1,800,000. Assuming the yearly Net Expenditures (which number
includes debt service but excludes depreciation) determined by March 31 of the
subsequent calendar year is equal to $5,500,000, and assuming that the taxable
assessed valuation of real property in the Town of Ithaca Covered Area is $120,000,000
and the taxable assessed valuation of real property in the City is $240,000,000, the
Combined Taxable Assessed Valuation will be $360,000,000 ($120,000,000 plus
$240,000,000), the Town’s Percentage will be 33.33% ($120,000,000 divided by
$360,000,000) and the Town’s Percentage Share of year X’s Net Expenditures will be
$1,833,150 (33.33% x $5,500,000). The parties will then amend the Agreement as
soon as possible to reflect the adjustment of $33,150, and that amount is added to the
Town’s next monthly payment following amendment of the Agreement. Under other
scenarios, the difference between the Town’s Percentage Share and the annual sum
may be a negative number, in which case the Town shall receive a credit on its next
monthly payment following amendment of the Agreement.
(f) For the purpose of this Agreement (including paragraphs 5(b) through 5 (e)
above) the following terms shall have the following meanings:
(i) The term “Net Expenditures” shall mean the actual expenditures of the
Ithaca Fire Department including the items set forth in the budget
discussed below, less all revenues received by the City for Fire
Department operations except for the Town’s payments pursuant to this
Agreement and except for general tax revenues raised by City taxes. The
following matters shall govern the calculation of “Net Expenditures”:
(A) There will be included in revenues any amounts received by the
City or the Town from any contributions from Cornell University and
Ithaca College for fire protection, emergency medical services, or
similar services, contributions from any other tax-exempt entity
provided for fire protection or emergency medical services, refunds,
gifts, grants, state or federal aid related to the Ithaca Fire
Department, income from the sale of Fire Department assets, code
and any other inspection fees or enforcement revenues related to
services performed by Fire Department personnel, rental income,
and any other forms of income payable to the Fire Department, to
the City, or to any other entity associated with either, for Fire
Department-related activities or expenses.
(B) Only expenses relating directly to the operation of the Ithaca
Fire Department shall be included in Net Expenditures (e.g.,
equipment purchase and maintenance, building purchase,
renovation or maintenance, salaries and fringe benefits of Fire
Department personnel, gasoline, supplies, and other items directly
related to the operation of the Fire Department).
(C) To the extent there is equipment or buildings that are used by
the Ithaca Fire Department and by other City departments or
personnel, there shall be a reasonable allocation of the expenses
related to such equipment or buildings between Fire Department
and non-Fire Department uses, with only the portion attributable to
the Fire Department to be included when determining Net
Expenditures. Occasional use by other entities (City or otherwise)
or for other purposes such as for a polling place, SWAT Team
exercise facility, or similar occasional uses that are not inconsistent
with Fire Department use, do not require allocation.
(D) Both parties understand that there are general City overhead
expenses outside of the internal Ithaca Fire Department
administrative services that are required to operate the Fire
Department. These are expenses from the Mayor's office,
engineering, finance, City Clerk, City Chamberlain, information
technology, City Attorney, and human resources. These expenses
shall be considered administrative fees. The Town shall pay the
City $174,495 for its share of such administrative fees for the year
2015. For each subsequent year, the Town’s payment for
administrative fees shall increase by the same percentage as the
percent increase in the Ithaca Fire Department budget. The
administrative fees are included in the annual sums listed for the
years 2015-2019 at the beginning of paragraph 5, and the Town
shall pay the City this fee in equal installments on a monthly basis
as part of its annual sum payments.
(E) In addition to the amounts included in Net Expenditures
pursuant to subparagraphs (A) through (D) above and subject to
the provisions of subparagraphs (F) through (H) below, there shall
be included in Net Expenditures any required debt service
payments related to equipment and/or buildings dedicated solely to
Ithaca Fire Department use, provided that the debt service relates
to bonds or notes issued for a period equal to the period of
probable usefulness for the capital item as determined by the Local
Finance Law of the State of New York (presently Section 11.00 of
such Local Finance Law), unless the Town consents to a shorter
period.
(F) No depreciation shall be included in the calculation of Net
Expenditures.
(G) Net Expenditures include (I) actual expenses incurred by the
City, and not reimbursed from bonds or other forms of debt, to pay
for equipment (including capital renovations to existing equipment)
and improvements (including renovations or additions to the Town
and City fire stations) and (II) the debt service expenses (principal
and interest payments) during the year for any debt incurred to pay
for equipment or improvements.
It is the intention that if equipment is purchased and paid for in cash
during the year, the entire cost of the equipment shall be included
in Net Expenditures. If equipment is purchased and paid for by
financing over a period of years, only the portion of debt paid during
the year shall be considered as part of Net Expenditures. There is
included in Net Expenditures any debt service during the year in
question related to purchases or construction in earlier years of this
or any preceding contract, provided that no purchases or
construction incurred earlier than 1989 shall be so included.
(H) Expenditures out of grants received for purposes that would not
otherwise be authorized expenditures under the terms of this
Agreement may nevertheless be included in Net Expenditures up to
the amount of grant revenues received to cover such expenditures
(ii) The term “budget” means the budget prepared and formatted as set
forth in this Agreement in the form attached as EXHIBIT D with review by
the Town, which includes the revenues and expenditures authorized for
inclusion by the terms of this Agreement as the same is adjusted in each
succeeding year as set forth herein to reflect the actual expenses and
revenues of each year.
6. Review of Operating Budget. The City agrees to provide the Town with the
budget proposed to the Mayor by the Ithaca Fire Department by September 1 of each
year, and the Mayor’s proposed budget by the first Wednesday of October of each year.
The form of the budget shall include, at a minimum, all of the line items set forth in the
Year 2015 budget summary attached as EXHIBIT C. Any administrative expense or
charge set forth in the budget shall be substantiated by identifying the specific office or
officer performing the administrative service, the name of the incumbent presently in the
office performing the service, the nature of the service being provided, the cost of the
administrative service, and the rationale for its inclusion as part of the Ithaca Fire
Department budget if the individual performing the service is other than one of the staff
referred to in paragraph 13 below. No administrative expense resulting from services
performed by persons other than the staff referred to in paragraph 13 shall be included
in Net Expenditures unless the Town so consents in writing. The Town Board shall
have the opportunity to provide input to the Mayor and Council during the balance of the
budget deliberation process. The Town shall be notified of, and have the opportunity to
attend and participate in, the Common Council budget meetings which may be held to
review and approve the Ithaca Fire Department’s capital and operating budgets. The
Fire Chief shall provide notice of such meetings as soon as they are scheduled.
7. Approval of Capital Budgets. The City agrees to provide the Town with the
capital improvement budget requests proposed to the Mayor by the Ithaca Fire
Department by September 1 of each year, and the Mayor’s proposed budget by the first
Wednesday of October of each year. The parties agree that capital renovations in
excess of $100,000 per project or aggregating in excess of $200,000 per annum, and
new station construction, shall be accomplished within a capital budget for each project.
The budgets shall be approved by the appropriate governing body of each municipality
prior to commitments for construction or financing of any of such projects by the City.
For the purposes of this Agreement a “capital” expenditure or renovation shall mean any
improvement of a capital nature having a period of probable usefulness set forth in
Section 11.00 of the Local Finance Law.
(a) The replacement schedule for "heavy apparatus," e.g. engines, aerial
ladders, and light rescues, shall be based upon a 15 year useful life. The replacement
of Heavy Rescue shall be based upon a 20 year useful life.
(b) EXHIBIT E shall project for the succeeding 50 years the proposed
replacement schedule for fire apparatus costing in excess of $100,000 per vehicle.
8. (a) Payment of Fire Department Expenses. No Ithaca Fire Department
expenses shall be paid out of any of the funds paid by the Town hereunder except upon
approved voucher or other similar document per the approval process in the City Code.
No payments out of any funds paid by the Town hereunder shall be authorized in any
budget line in excess of the total amount of the Fire Department Budget until the budget
has been amended and the amendment approved by the Common Council. Without
limiting any other remedy of the Town, if payments are made in violation of this
provision, the Town may withhold future installments until there is compliance with this
provision.
(b) Maximum Equipment Expenditures. Expenditures in any year for new
equipment shall not exceed $200,000 absent the mutual written agreement of the
parties hereto prior to commitments for such purchases and financing of same.
9. Fire Stations in Town, Manner of Title, Lease, Reimbursement. Title to the
land for the existing fire stations located on South Hill at 965 Danby Road and West Hill
at 1240 Trumansburg Road in the Town was taken in the name of the Town and then
leased by the Town to the City by a Lease Agreement dated July 14, 1989. The lease
is for 30 years at the rate of $1.00 per year, provided that the lease shall terminate upon
termination of this Agreement and payment by the Town of any remaining City
indebtedness on the premises. Title to the two existing stations constructed in the Town
was taken in the name of the City. Should this Agreement terminate at any time for any
cause (including a breach by the Town or termination or expiration of the Agreement),
upon termination the City will convey to the Town whatever interest it has in and to the
land, the two stations in the Town, and any other improvements to said real property.
Upon conveyance, the Town shall:
(a) reimburse the City for its 30% of the construction expenditures for said
stations paid by the City during the duration of the Lease Agreement; and
(b) pay to the City any remaining unpaid debt service obligations of the City
relating to the stations.
There shall be credited to the amounts owed from the Town to the City the 27%
contributions made by the Town to the City for the renovations of existing stations within
the City limits as set forth in the Lease Agreement.
The City shall convey its interest in said stations located within the Town to the
Town by such instruments as the attorneys for the Town may reasonably require, such
conveyance to be made within 30 days of demand for same, provided that such
conveyance by the City is not illegal. If illegal, the City will immediately take all
necessary steps to remove any legal impediment and will convey such stations as soon
as such impediments are removed. In any event, the City will within ten days of
demand for same by the Town, and pending legal title transfer, deliver immediate
possession and occupancy of such stations so that the Town or any entity (such as a
fire company) may occupy and use same immediately for fire protection and emergency
medical service purposes. Such use and occupancy shall be granted without any
further compensation from the Town to the City. In the event of any breach of the
obligations to convey or to grant immediate occupancy, the Town may seek specific
performance in addition to any other remedies available to the Town under law or
equity.
For purposes of Section 3 of the Lease, this Agreement shall be considered a
renewal of the Fire Contract referred to in such section so that for the purposes of the
Lease there has been no termination of the Fire Contract which would require
termination of the Lease.
10. Insurance.
(a) The City as the lessee of the real property underlying the South Hill (Station
5) and West Hill (Station 6) fire stations shall provide adequate property insurance
coverage for the property and buildings during the duration of the lease. The cost of the
insurance shall be included in the annual operating budget of the Fire Department. The
City shall name the Town as an additional insured on said coverage. Proof of such
coverage is set forth as EXHIBIT F, and such coverage shall be maintained throughout
the term of this Agreement.
(b) The City shall also procure and maintain the following insurance coverages
with limits of liability not less than the limits specified. Except for collision and
comprehensive and workers’ compensation and disability coverage, insurance
coverages shall not be provided by self-insurance.
(i) Commercial General Liability: including Premises/Operations,
Contractual Liability, Products/Completed Operations, Personal Injury and
Broad Form Property Damage--Occurrence Form required. The Town of
Ithaca and its officers, employees, board members, agents and elected
officials are to be included as Additional Insureds with respect to fire
protection and other related services rendered to the Town.
Each Occurrence: $ 1,000,000
Products/Completed Operations Damage Limit: $ 10,000,000
Personal and Advertising Injury Limit: $ 1,000,000
General Aggregate Limit: $ 10,000,000
Damage to Rented Premises (each occurrence): $ 100,000
Medical Expense: $ 5,000
(ii) Automobile Liability: $1,000,000 - Any Owned, Hired and Non-Owned
Autos. The Town of Ithaca and its officers, employees, board members,
agents and elected officials are to be included as Additional Insureds with
respect to fire protection and other related services rendered to the Town.
(iii) Umbrella Policy: $5,000,000 – Occurrence Form Required. Must state
Follow Form of General Liability and Automobile Liability Policies.
Statement regarding Follow Form coverage must be on certificate of
insurance.
(iv) Additional Specifications: All insurance shall be written with insurance
carriers licensed by the State of New York Insurance Department and
have a Best’s Rating of A XI or better. Prior to the execution of this
Agreement and throughout the term of the Agreement, the City shall
furnish the Town with written evidence from its insurer(s) of the insurance
coverage described herein through use of certificates of insurance
acceptable to the Town. Broker signature is not acceptable. All
certificates shall contain a thirty (30) day notice of cancellation, non-
renewal or material change to the Town of Ithaca. The City shall not take
any action to cancel or materially change any of the insurance required
under this Agreement without the Town’s prior written approval of such
cancellation or change. The foregoing insurance coverage is not intended
to nor does it limit the liability of the City to hold the Town harmless.
(v) Proof of the coverage required by this subparagraph b is set forth as
EXHIBIT G and such coverage shall be maintained throughout the term of
this Agreement.
11. Equipment Reimbursement. Upon termination of the Agreement for any
cause the Town shall be entitled to receive 30% of those items of equipment which
originally cost $25,000.00 or more, or 30% of the dollar value of such equipment
purchased by the City during the term of this Agreement reduced by the depreciation on
such equipment. For this purpose equipment so purchased shall be depreciated on a
straightline basis over fifteen years assuming a 20% residual value. To the extent
feasible the equipment to be transferred to the Town will be the equipment located in
the stations located within the Town. Such conveyance shall be by such appropriate
documentation such as bills of sale, vehicle registration, etc. as may be reasonably
required by the attorneys for the Town. If the City fails to transfer such items, the Town
may seek specific performance in addition to any other remedies available to the Town
under law or equity.
12. Contributions from Tax Exempt Entities. The City agrees to include in the
revenues included to calculate Net Expenditures the total cash contributions made by
Cornell University and Ithaca College to the City or Town for fire protection and
emergency medical services and paid each year of this Agreement. Any amounts for
fire protection and emergency medical services received from Cornell University as per
the Memorandum of Understanding (MOU) dated October 21, 2003, and signed on
12/22/2003, between the City and Cornell University, or other subsequent agreement,
or Ithaca College in the future shall be included in the calculation of Net Expenditures.
Additionally, elected representatives from the City and the Town agree to meet regularly
to continue joint discussions with Cornell University and Ithaca College in the interest of
deriving contributions, be they monetary, in-kind, or a combination thereof, that bear a
direct relation to the fire and emergency medical services provided to those institutions.
It shall be the responsibility of the elected representatives to report the results of the
discussions to their respective governing bodies. It is also understood that any in-kind
contributions from tax-exempt entities will accrue to the direct benefit of the cost of
operating fire protection and emergency medical services (i.e., the entire monetary
value of in-kind contributions must be included as revenues to calculate Net
Expenditures), without any apportionment between the Town and City.
13. Staffing Levels.
(a) As of July 1, 2015, the number of paid career personnel in the Ithaca Fire
Department used as a basis for determining shared costs under this Agreement is 47
permanent firefighters, eight lieutenants, six assistant chiefs, one deputy chief, one fire
chief, and one administrative coordinator, for a total of sixty-four positions. In the event
that the City proposes to approve additional positions, such positions must be approved
in writing by the parties hereto and made an amendment to this Agreement in order to
be considered as a shared cost. Should the City choose to add any positions which are
not approved in writing by the Town, all costs relating thereto will be borne solely by the
City. Should the Town request the addition of any paid positions or paid career
personnel which are not approved in writing by the City, all costs relating thereto will be
borne solely by the Town. Unless the Town agrees in writing to a lesser level of
staffing, the City agrees that each of the two fire stations located in the Town of Ithaca
will be staffed in the same manner as individual stations in the City. Any staff added in
excess of one position beyond the 2015 shared-cost level (i.e., any additions in excess
of sixty-five positions, including administrative staff) shall be approved only with the
concurrent addition of five volunteers per such addition, at least two of which shall
intend to become interior fire fighters.
(b) Fire Prevention Bureau
The City and Town of Ithaca agree further to explore the potential to eliminate
from the workload of the Fire Prevention Bureau those inspections permitted by N.Y.
Education Law § 807-b(7).
14. Town Representation on Fire Commission. The total membership of the
Board of Fire Commissioners shall be five, two of which shall be representatives of the
Town of Ithaca Fire Protection District appointed by the Mayor of the City from names
recommended by the Town Board of the Town of Ithaca. No persons shall be
appointed as the Town representatives unless recommended by the Town Board.
15. Indemnity. The City shall defend, indemnify, and hold the Town, its elected
officials, public officers, employees, boards and agents harmless from all damages,
losses, claims, actions and lawsuits by third parties (including those asserted or brought
by Ithaca Fire Department employees and volunteers) with regard to for personal injury,
death, property damage (including loss of use), contamination of or adverse effects to
the environment, or other damages or losses caused by or claimed to be caused by, or
arising from or claimed to arise from, the City’s answering of calls for fire protection or
emergency medical services in the Town or other provision of services related to this
Agreement, or arising out of this Agreement in any other way. Such indemnity shall
include settlements and reasonable costs of defending such claims, including attorney’s
fees. To the extent the Town is negligent, the City’s indemnification shall not extend to
the proportion of loss attributable to the Town's negligence. The City’s indemnification
also shall not extend to the proportion of loss attributable to the Town's negligence in
the event of payments to injured firefighters or representatives of deceased firefighters
under the Workers Compensation Law, General Municipal Law, or other New York
statutes, where the aforementioned laws allocate liability to the Town for such
payments. The obligation to indemnify shall survive termination of this Agreement
whatever the cause of such termination. Indemnification shall be provided for all acts,
failures to act, or occurrences occurring during the term of this Agreement (e.g., the
City shall provide such indemnification for any claims made with respect to actions by
the City prior to the termination of this Agreement even if the claim itself is not made
until after termination of the Agreement).
16. Exculpation. Nothing herein contained shall be deemed to limit in any lawful
way any lawful right of the Board of Fire Commissioners, the City, the Town, or any
member of the Ithaca Fire Department provided by the general statutes of the State of
New York, provided that this provision shall not be deemed to abrogate or modify any
rights or obligations provided for in this Agreement.
17. Authority of Chief. It is specifically understood and agreed that the number
of personnel, the amount and type of apparatus and equipment dispatched in answer to
a fire call or to an emergency medical services call, the manner of fighting the fire, or
handling the medical services, and other operations upon the scene of the fire or
medical emergency, are matters within the judgment of the Fire Chief of the City of
Ithaca Fire Department (the “Chief”) or the Chief's designees. The City and its officers
shall use sound professional judgment based on generally accepted standards in the
provision of its fire protection, emergency medical, emergency, and non-emergency
services provided pursuant to this Agreement. The word “Chief” shall mean the person
duly appointed to that office in the Ithaca Fire Department by the Mayor of the City.
18. Payment of moneys from Foreign Insurance Companies. The payment by
the Town to the City of moneys collected by or received from foreign insurance
companies writing property insurance in the Town of Ithaca Fire District for the benefit of
the active firefighters serving the Town of Ithaca Covered Area shall be governed by a
separate agreement between the parties.
19. Audits. The Town reserves the right to cause an audit of City accounts
related to this Agreement on demand. If an overpayment error equal to or exceeding
5% of the Town’s share is not found after final settlement of the preceding year, such
audit shall be done at the expense of the Town. If an overpayment error equal to or
exceeding 5% of the Town’s contract share is found after final settlement of the
preceding year, the City shall pay for such audit. (An overpayment error in this context
is defined as a calculation of the Town’s contribution that resulted, or would have
resulted, in an overpayment by the Town.)
20. Building Code and Parking Enforcement. The parties agree that each party
shall have the respective rights, obligations, and duties with respect to enforcement of
the Uniform Fire Prevention and Building Code set forth herein.
(a) The Town of Ithaca shall provide to the Ithaca Fire Chief reports of all fire
safety inspections conducted on premises within the Town of Ithaca Covered Area.
(b) The Town of Ithaca shall provide for the review and recommendation for
approval, or not, by the Chief of the Ithaca Fire Department or designee all plans and
proposals requiring Fire Department access.
(c) The City’s issuance and prosecution of tickets for fire lane and handicapped
parking violations in the Town shall be governed by a separate agreement between the
parties.
21. Termination. Notwithstanding any other provision contained herein, either
party may terminate this Agreement by giving written notice of such intention to
terminate to the other party to be received by the other party at least one full calendar
year prior to the date of intended termination. If the Town is the terminating party, it
must hold a public hearing pursuant to New York Town Law § 184(8) before it gives
written notice of its intention to terminate.
22. Written Notice. Where notification is required by this Agreement to be given
to a party, it shall be in writing and shall be delivered to the Town Supervisor (if the
notice is to the Town), or the Ithaca Fire Department Fire Chief, who shall notify the
Mayor and Chair of the Board of Fire Commissioners (if the notice is to the City), with
delivery by hand, certified mail, or a commercial courier service to the other party at the
addresses shown above or such other address as is hereafter designated in writing by
that party. Notice of a change of address must be made in the same manner as other
notices. Notices shall be deemed given when they are received.
23. Workers Compensation and Disability Insurance. If the City ceases to self-
insure for workers’ compensation and/or disability coverage, the City shall present to the
Town proof that the City provides the levels of workers’ compensation and/or disability
coverage required by the State of New York.
24. Independent Contractor. The City will be at all times an independent
contractor and not an agent for the Town. The City shall be fully responsible for all acts
and omissions of its employees, volunteers, subcontractors, and suppliers, and
specifically will be responsible for sufficient administration and supervision to ensure
compliance in every respect with the Agreement requirements. There will be no
contractual relationship between any subcontractor or supplier and the Town by virtue
of this Agreement with the City. No provision of the Agreement will be for the benefit of
any party other than the Town and City. The City, and not the Town, is the employer of
its employees and is responsible for their wages, hours, benefits, worker's
compensation, social security, and all other incidents of employment.
25. No Assignment. This Agreement may not be assigned by the parties.
26. Binding Nature of Agreement. This Agreement is binding upon the parties
and their respective representatives and successors.
27. Governing Law, Jurisdiction, and Enforcement. This Agreement is made in
New York, and shall be construed under the laws of the State of New York without
regard to, or the application of, New York State’s choice of law provisions. Both parties
consent that if any action is brought to enforce this Agreement, it shall be brought in an
appropriate Court in Tompkins County, New York, and both parties consent to the
jurisdiction of such court.
28. Entire Agreement. This Agreement constitutes the entire agreement
between the parties and supersedes any and all prior written or oral agreements,
negotiations or understandings, existing between the parties. This Agreement may be
amended only by written instrument signed by each party and only after the Town holds
a public hearing pursuant to New York Town Law § 184(8) and after the City follows
relevant City and/or state laws and procedures.
29. Survival. All obligations arising prior to the termination of this Agreement
and all provisions of this Agreement allocating responsibility or liability between the City
and the Town shall survive the completion of services hereunder and the termination of
this Agreement.
30. Severability. If any provision of this Agreement is deemed to be invalid or
inoperative for any reason, that part may be modified by the parties to the extent
necessary to make it valid and operative, or if it cannot be so modified, then it shall be
deemed severed, and the remainder of this Agreement shall continue in full force and
effect as if this Agreement had been signed with the invalid portion so modified or
eliminated.
Instrument to be executed by their duly authorized officers as of the day and year first
above written.
CITY OF ITHACA
______________________________________ __________________
Svante L. Myrick, Mayor Date
TOWN OF ITHACA TOWN BOARD
______________________________________ __________________
Herbert J. Engman, Town Supervisor Date
______________________________________ __________________
Richard DePaolo, Councilman Date
______________________________________ __________________
William Goodman, Councilman Date
______________________________________ __________________
Tee-Ann Hunter, Councilwoman Date
______________________________________ __________________
Patricia Leary, Councilwoman Date
______________________________________ __________________
Eric Levine, Councilman Date
______________________________________ __________________
Rod Howe, Councilman Date
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) SS.:
On the ______ day of ______________ in the year 2015 before me, the undersigned,
personally appeared Svante L. Myrick, personally known to me or proved to me on the
basis of satisfactory evidence to be the individual whose name is subscribed to the
within instrument and acknowledged to me that she executed the same in her capacity,
and that by her signature on the instrument, the individual, or the person upon behalf of
which the individual acted, executed the instrument.
_______________________________
Notary Public
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) SS.:
On the ______ day of ______________ in the year 2015 before me, the undersigned,
personally appeared Herbert J. Engman, Supervisor of the Town of Ithaca, Richard
DePaolo, Councilman of the Town of Ithaca, William Goodman, Councilman of the
Town of Ithaca, Tee-Ann Hunter, Councilwoman of the Town of Ithaca, Patricia Leary,
Councilwoman of the Town of Ithaca, Eric Levine, Councilman of the Town of Ithaca,
and Rod Howe, Councilman of the Town of Ithaca, personally known to me or proved to
me on the basis of satisfactory evidence to be the individuals whose names are
subscribed to the within instrument and acknowledged to me that they executed the
same in their capacities, and that by their signatures on the instrument, the individuals,
or the person upon behalf of which the individuals acted, executed the instrument.
_______________________________
Notary Public
10.2 City Attorney – Endorsement of Joint Efforts to Secure State Grant Funding
for a City-County Law Enforcement Consolidation Study - Resolution
WHEREAS, the City of Ithaca and Tompkins County have long worked together as part
of an ongoing effort to reduce redundancies, increase efficiency, and alleviate the tax
burden on their residents; and
WHEREAS, the protection of life and property is one of the most vital, and most costly,
functions of government at all levels; and
WHEREAS, that public function is fulfilled in Tompkins County through a number of
police agencies, the largest of which are the Ithaca Police Department and the
Tompkins County Sheriff’s Office; and
WHEREAS, the City of Ithaca and Tompkins County have allocated $16,780,212.00 in
their respective 2015 budgets, representing 25% of the combined property tax levies of
the City and County, to support their respective police agencies; and
WHEREAS, since the 1950’s, cities and counties across the country have successfully
consolidated municipal and county police services as a way to decrease costs and
improve the quality of the services offered to residents; and
WHEREAS, the implementation of police services on a county-wide level allows for a
more seamless distribution of police services unrestricted by municipal boundaries and
that more accurately reflect the needs of city and county residents alike; and
WHEREAS, cities and counties throughout New York State have recognized the
opportunity for improved quality and efficiency that may be afforded by consolidating
police services and have, as a result, begun the process by investing in a
comprehensive analysis of the feasibility of consolidating or sharing police services; and
WHEREAS, in 2004, the City of Ithaca and Tompkins County achieved efficiency and
cost savings through the consolidation of emergency dispatch services; and
WHEREAS, the City of Ithaca and Tompkins County currently operate under a Mutual
Aid Agreement with respect to the City of Ithaca’s Special Weapons and Tactical unit;
and
WHEREAS, as a result of years of cooperation and previous successful consolidation
efforts, the City of Ithaca and Tompkins County are especially well positioned to achieve
efficiencies through the consolidation of further shared services between the City of
Ithaca Police Department and the Tompkins County Sheriff’s Office; and
WHEREAS, New York State has encouraged communities to identify and implement
consolidation and shared service opportunities and has established various grant funds,
including a $150 million onetime allocation for the Governor’s Municipal Restructuring
Fund, to support such efforts; now, therefore be it
RESOLVED, That the City of Ithaca Common Council endorses a joint effort to secure
State grant funding and/or other aid that will, in turn, fund a detailed analysis of the
feasibility and opportunities for consolidation via a countywide police agency, or further
sharing of police services between the City of Ithaca and Tompkins County; and, be it
further
RESOLVED, That the City of Ithaca Common Council instructs the Mayor to jointly
propose for approval by both legislative bodies:
An application for grant funding in support of such a study and associated eligible
costs.
A request for proposals (RFP) for the study of the feasibility and opportunities for
consolidation and sharing of police services between the City of Ithaca and
Tompkins County.
10.3 A Local Law Entitled “Confirmation of the Sidewalk Improvement District
Assessments, Budget, and Schedule of Work for Fiscal Year 2016”
WHEREAS, Section C-73 of the City Charter creates five Sidewalk Improvement
Districts (each a “SID”) for the construction and repair of sidewalk, and provides for an
assessment against each property located in each SID for the benefits received by the
property from said construction and repair; and
WHEREAS, the Board of Public Works has recommended a budget, schedule of work,
and schedule of assessments for Fiscal Year 2016, subject to review, amendment, and
confirmation by the Common Council; and
WHEREAS, Section C-73 provides that Council shall amend as appropriate and confirm
the SID assessments, budget, and schedule of work after a public hearing; and
WHEREAS, the appropriate public hearing has been held, and Council has given due
consideration to the comments made; if any.
Local Law No. ____-2015
NOW, THEREFORE BE IT ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Legislative Findings, Intent, and Purpose.
Pursuant to Municipal Home Rule Law Section 10(1)(ii)(c)(3) the City of Ithaca is
authorized to adopt a local law relating to the authorization, making, confirmation, and
correction of benefit assessments for local improvements.
The Common Council has reviewed the assessments, budget, and schedule of work
recommended by the Board of Public Works for Fiscal Year 2016, and makes the
following findings of fact:
A. The public hearing prior to confirmation required by Section C-73 has
been held, and all owners of property subject to a SID assessment
appearing to speak before Council have had an opportunity to do so.
B. The attached schedule of work, as recommended by BPW and previously
subject to review by Council, constitutes a set of local improvements, the
cost of which should be assessed against the properties located in the SID
in which the work is to be performed.
C. The attached budget, and the related assessments reflected on the
assessment roll kept on file with the City Clerk, are necessary to defray
the cost of construction and maintenance of sidewalk in the City, and
Council has made a legislative judgment that each property in each SID is
being assessed in proportion to the benefit received by that property from
the sidewalk construction and repair contained in the schedule of work.
Section 2. Confirmation of the Assessments, Schedule of Work, and Budget.
The Common Council approves and confirms the assessment roll, a copy of which is
maintained in the City Clerk’s office, and the budget and schedule of work attached
hereto, and imposes a lien upon each property so assessed as set forth in the
assessment roll.
In the event there are additional funds available following completion of the schedule of
work, or changes to the work plan are required for financial, engineering, or other
reasons, the Superintendent of Public Works or his or her designee may alter the
schedule of work in his or her discretion, as instructed by the Board of Public Works
from time to time; provided, however, that if such actions affect ten percent or more of
any Sidewalk Improvement District’s annual levy, such actions must be approved by
resolution of the Board of Public Works.
Section 3. Severability Clause.
Severability is intended throughout and within the provisions of this Local Law. If any
section, subsection, sentence, clause, phrase, or portion of this Local Law is held to be
invalid or unconstitutional by a court of competent jurisdiction, then that decision shall
not affect the validity of the remaining portions of this Local Law.
Section 4. Effective and Operative Date.
This Local Law shall be effective immediately after filing in the office of the Secretary of
State.
BACK-UP ITEM 10.3
To: Board of Public Works
From: Eric Hathaway, Sidewalk Program Manager;
Date: August 20, 2015
Re: 2016 Sidewalk Improvement District Work Plan and Budget
Attached for your review are the draft 2016 Sidewalk Improvement District (SID)
work plan and budget. A link to the 2016 assessment role is also provided here,
as the document is too large to attach (www.cityofithaca.org/2016SIDPlan).
Today’s meeting functions as a public hearing on the 2016 Sidewalk
Improvement District assessment role, budget and work plan. I request your
approval of the documents at today’s meeting.
The 2016 Work Plan budget was created based on the aforementioned
assessment role and reflects all credits for past work that were received before
the May 1, 2015 application deadline. The costs for each sidewalk project are
estimates based on anticipated quantities of work, as well as unit prices from
past sidewalk contracts. Final quantities of work performed will be dictated by
bid prices received and field conditions, which could increase or decrease the
amount of work completed in the 2016 work plan.
It is possible that issues unknown at this time might arise that will prevent some
of these construction projects from moving forward during the 2016 construction
season. Conflicts with other construction projects might necessitate cancelation
or postponement of planned sidewalk work. Ongoing design efforts might
identify construction barriers that will impact costs or make some projects
technically infeasible.
The Osmun Place (SID 3) and East Spencer Street (SID 4) projects included in
the attached work plan are being considered for capital project funding in 2016,
as both sidewalk projects require retaining wall improvements. The cost
estimates included in the attached work plan account only for the sidewalk work
and not the required structural improvements.
In the event that the capital projects are not funded in 2016, consideration must
be given to financing this work through the sidewalk program or postponing the
work. The estimated cost of the Osmun Place project is approximately
$450,000, or roughly 2 years of the SID 3 construction budget. The estimated
cost of the East Spencer Street work is approximately $230,000, or roughly 2
years of the SID 4 construction budget. SID 4 is currently financing $150,000 of
costs for the sidewalk work along Old Elmira Road over the next 15 years. I
would like to discuss the following options with you:
Apply for capital funding again in 2017 and postpone the sidewalk
improvements
Finance one or both projects, similar to the Old Elmira Road sidewalk
improvements
Use the entire sidewalk program construction budget for these projects
over a roughly 2 year period
To proactively address any of the above potential construction issues and cost
uncertainty, attached is a contingency list of construction projects in each
sidewalk district. These projects could replace locations in the work plan, if
needed, or add to the project list if additional budget is available based on bid
prices.
1
BACK-UP ITEM 10.3
To: Board of Public Works
From: Eric Hathaway, Sidewalk Program Manager;
Date: August 20, 2015
Re: 2016 Sidewalk Improvement District Work Plan and Budget
Attached for your review are the draft 2016 Sidewalk Improvement District (SID)
work plan and budget. A link to the 2016 assessment role is also provided here, as
the document is too large to attach (www.cityofithaca.org/2016SIDPlan).
Today’s meeting functions as a public hearing on the 2016 Sidewalk Improvement
District assessment role, budget and work plan. I request your approval of the
documents at today’s meeting.
The 2016 Work Plan budget was created based on the aforementioned assessment
role and reflects all credits for past work that were received before the May 1, 2015
application deadline. The costs for each sidewalk project are estimates based on
anticipated quantities of work, as well as unit prices from past sidewalk contracts.
Final quantities of work performed will be dictated by bid prices received and field
conditions, which could increase or decrease the amount of work completed in the
2016 work plan.
It is possible that issues unknown at this time might arise that will prevent some of
these construction projects from moving forward during the 2016 construction
season. Conflicts with other construction projects might necessitate cancelation or
postponement of planned sidewalk work. Ongoing design efforts might identify
construction barriers that will impact costs or make some projects technically
infeasible.
The Osmun Place (SID 3) and East Spencer Street (SID 4) projects included in the
attached work plan are being considered for capital project funding in 2016, as both
sidewalk projects require retaining wall improvements. The cost estimates included
in the attached work plan account only for the sidewalk work and not the required
structural improvements.
August 20, 2015
202
In the event that the capital projects are not funded in 2016, consideration must be
given to financing this work through the sidewalk program or postponing the work.
The estimated cost of the Osmun Place project is approximately $450,000, or
roughly 2 years of the SID 3 construction budget. The estimated cost of the East
Spencer Street work is approximately $230,000, or roughly 2 years of the SID 4
construction budget. SID 4 is currently financing $150,000 of costs for the sidewalk
work along Old Elmira Road over the next 15 years. I would like to discuss the
following options with you:
Apply for capital funding again in 2017 and postpone the sidewalk
improvements
Finance one or both projects, similar to the Old Elmira Road sidewalk
improvements
Use the entire sidewalk program construction budget for these projects over a
roughly 2 year period
To proactively address any of the above potential construction issues and cost
uncertainty, attached is a contingency list of construction projects in each sidewalk
district. These projects could replace locations in the work plan, if needed, or add to
the project list if additional budget is available based on bid prices.
Pr
o
p
o
s
e
d
2
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1
6
S
I
D
b
u
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g
e
t
s
Di
s
t
r
i
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t
1
2
3
4
5
TOTAL
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e
d
S
I
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e
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y
16
1
,
7
4
8
.
1
3
$
15
3
,
9
1
9
.
2
1
$
27
2
,
8
8
7
.
2
7
$
16
8
,
3
3
5
.
0
7
$
11
7
,
7
7
9
.
5
1
$
874,669$
Wo
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t
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s
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m
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)
2,
9
0
5
.
9
5
$
4,
8
6
1
.
4
7
$
3,
0
4
8
.
5
7
$
2,
4
3
2
.
2
9
$
70
.
0
0
$
13,318$
Ad
m
i
n
16
,
3
6
4
$
15
,
5
7
2
$
27
,
6
0
8
$
17
,
0
3
0
$
11
,
9
1
6
$
88,489$
In
s
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c
e
4,
6
2
3
$
4,
3
9
9
$
7,
8
0
0
$
4,
8
1
1
$
3,
3
6
6
$
25,000$
Su
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a
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13
7
,
8
5
5
$
12
9
,
0
8
7
$
23
4
,
4
3
1
$
14
4
,
0
6
1
$
10
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10.4 Adoption of 2016 Budget - Resolution
WHEREAS, this Common Council is now considering adoption of the Amended
Executive Budget for 2016 at its November 4, 2015 meeting, as approved by the
Committee of the Whole; and
WHEREAS, it is the consensus of this Common Council that the total appropriations
and estimated revenues, as set forth in said Amended Executive Budget for 2016, and
as those amounts may be altered by action of this Common Council at its November 4,
2015 meeting, are adequate for the operation of the City during 2016; now, therefore be
it
RESOLVED, That this Common Council accepts and approves said Amended
Executive Budget for 2016, together with any additional changes made in said budget at
Council's November 4, 2015 meeting as the City of Ithaca Budget for 2016, in the total
amount of $67,679,080; and, be it further
RESOLVED, That the following sections of the 2016 Budget be approved:
A) General Fund Appropriations
B) Water Fund Appropriations
C) Sewer Fund Appropriations
D) Solid Waste Fund Appropriations
E) Sidewalk Special District Fund Appropriations
F) Stormwater Drainage Special District Fund Appropriations
G) General Fund Revenues
H) Water Fund Revenues
I) Sewer Fund Revenues
J) Solid Waste Fund Revenues
K) Sidewalk Special District Fund Revenue
L) Stormwater Drainage Special District Fund Revenue
M) Debt Retirement Schedule
N) Capital Projects
O) Schedule of Salaries and Positions - General Fund
P) Schedule of Salaries and Positions - Water & Sewer Fund
Q) Schedule of Salaries and Positions - Sidewalk Special District Fund
R) Schedule of Salaries and Positions - Solid Waste Fund
S) Schedule of Salaries and Positions – Stormwater Drainage Special District
Fund
T) Authorized Equipment - General Fund
U) Authorized Equipment - Water Fund
V) Authorized Equipment - Sewer Fund
W) Authorized Equipment - Solid Waste Fund
X) Authorized Equipment - Sidewalk Special District Fund Balance
Y) Authorized Equipment - Stormwater Drainage Special District Fund
10.5 Adoption of 2016 Tax Rate – Resolution
WHEREAS, the 2016 City of Ithaca Budget was approved, adopted, and confirmed in
the total amount of $67,679,080 on November 4, 2015, in accordance with a detailed
Budget on file in the Office of the City Controller; and
WHEREAS, available and estimated revenues total $45,934,642 leaving $21,744,438
as the amount to be raised by taxation; and
WHEREAS, the Assessment Roll for 2016 certified and filed by the Assessment
Department of Tompkins County, has been footed and approved and shows the total
net taxable valuation as $1,686,923,021; and
WHEREAS, under Charter provisions, the tax limit for City purposes amounts to
$31,842,212 for 2016; now, therefore, be it
RESOLVED, That the tax rate for general purposes, for the fiscal year 2016, be, and
the same hereby is, established and fixed at $12.89 per $1,000 of taxable valuation as
shown, certified and extended against the respective properties on the 2016 Tax Roll,
thereby making a total tax levy, as near as may be, of $21,744,438; and, be it further
RESOLVED, That the amount of said tax levy be spread, and the same hereby is levied
upon and against the respective properties as shown on said City Tax Roll, in
accordance with their respective net taxable valuation, at the rate of $12.89 per $1,000
of such taxable valuation; and be it further
RESOLVED, That the City Chamberlain be, and hereby is, directed to extend and
apportion the City Tax as above, and that upon the completion of the extension of said
Roll, the City Clerk shall prepare a warrant on the City Chamberlain for the collection of
said levy; and the Mayor and the City Clerk hereby are authorized and directed to sign
and affix the corporate seal to such warrant and forthwith to file the same with said Tax
Roll with the City Chamberlain; and be it further
RESOLVED, That upon the execution and filing of said warrant and Tax Roll with the
City Chamberlain, the amounts of the City Tax set opposite each and every property
shall hereby become liens, due, payable and collectible in accordance with provisions of
the City Charter and other laws applicable thereto; and, be it further
RESOLVED, That the total sum of $67,679,080 be appropriated in accordance with the
adopted Budget to the respective Boards, Offices, and Departments of the City, for the
purposes respectively set forth therein. The 2016 Assessment Roll has been completed
and approved by the Assessment Department of Tompkins County and resulted in the
following valuation:
Total Value of Real Property $4,159,214,080
Less: Value of Exempt Property $2,500,369,500
$1,658,844,580
Plus: Value of Special Franchises $28,078,441
Net Value of Taxable Property $1,686,923,021
10.6 Adoption of 2016 Ithaca Area Wastewater Treatment Plant Budget -
Resolution
WHEREAS, this Common Council is now considering adoption of the Amended Joint
Activity Fund Budget for 2016, as approved by the Committee of the Whole, and
WHEREAS, it is the consensus of this Common Council that the total appropriations
and estimated revenues, as set forth in said Amended Joint Activity Fund Budget for
2016, and as those amounts may be altered by action of the Common Council at its
November 4, 2015 meeting, are adequate for the operation of the Ithaca Area
Wastewater Treatment Plant during 2016; now, therefore, be it
RESOLVED, That this Common Council accepts and approves said Amended Joint
Activity Fund Budget for 2016, together with any additional changes made in said
budget at Council’s November 4, 2015 meeting, as the Ithaca Area Wastewater
Treatment Plant Joint Activity Fund Budget for 2016, in the total amount of $3,725,681;
and be it further
RESOLVED, That the following sections of the 2016 Ithaca Area Wastewater Treatment
Plant Joint Activity Fund Budget be approved:
A) Joint Activity Fund Appropriations
B) Joint Activity Fund Revenues
C) Schedule of Salaries and Positions – Joint Activity Fund
D) Authorized Equipment – Joint Activity Fund
10.7 Authorization for Additional 2016 Tompkins Consolidated Area Transit
(TCAT) Funding – Resolution
WHEREAS, Tompkins County Consolidation Area Transit (TCAT) has requested
$103,000 in additional funding from each of its three local funders, Tompkins County,
City of Ithaca and Cornell University, for 2016; and
WHEREAS, the City currently contributes $829,432 in funding to TCAT; and
WHEREAS, the 2016 additional request from TCAT will be used to purchase buses for
their bus fleet which is in need of several replacements for an aging fleet; and
WHEREAS, the City is not currently in the financial position to contribute an additional
$103,000, but could support an additional $25,000 to TCAT; and
WHEREAS, the City has $40,000 in funds set aside in Capital Reserve #22 for the
purchase and replacement of buses, established many years ago when the City
operated its own transit system; now, therefore be it
RESOLVED, That Common Council hereby authorizes the expenditure of an amount
not to exceed $25,000 from Capital Reserve #22 Buses, for the purpose of providing
TCAT with added funds for future bus replacements; and, be it further
RESOLVED, That said funding authorization is contingent upon the other two funding
partners, Tompkins County and Cornell University, funding TCAT in the same amount;
and, be it further
RESOLVED, That the added $25,000 in funding is restricted to bus acquisition and
replacement.
12. NEW BUSINESS:
12.1 Approval of Proposed Commons Use Fees - Resolution
WHEREAS, the Board of Public Works has reviewed and approved the proposed use
fees for the Commons, with input from the Commons Advisory Board, makes the
following recommendation to Common Council; now, therefor be it
RESOLVED, That the proposed use fees for the Commons to begin January 1, 2016,
be hereby approved as follows:
Monday – Thursday Friday – Sunday
Bernie Milton Pavilion
Up to 2 hours $15 $25
2 – 4 hours $25 $35
4 hours and up $40 $50
Small Events
Up to 2 hours $5 $10
2 – 4 hours $10 $20
4 hours and up $20 $30
(Fees are lower during the week to encourage more activity downtown)
Electric Outlet Use 7 days/week
Per Receptacle per day $20
(Fee covers staff time to unlock and lock electrical bollards)
14. MAYOR’S APPOINTMENTS:
14.1 Appointment to Youth Bureau Advisory Board – Resolution
RESOLVED, That Zoran M. Smiljanic be appointed to the Youth Bureau Advisory Board
to fill a vacancy with a term to expire December 31, 2016.
14.2 Reappointments to Ithaca Housing Authority Board – Resolution
RESOLVED, That Loretta Tomberelli-Epthimiatos be reappointed to the Ithaca Housing
Authority Board with a term to expire October 17, 2020, and be it further
RESOLVED, That Ann Bantuvanis be reappointed to the Ithaca Housing Authority
Board with a term to expire October 17, 2020.
14.3 Appointment to Workforce Diversity Advisory Committee – Resolution
RESOLVED, That Eloise Barrett be appointed to the Workforce Diversity Advisory
Committee to fill a vacancy with a term to expire December 31, 2018.