HomeMy WebLinkAbout05-17-17 City Administration Committee AgendaIf 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 Controller’s Office at 607-274-6576 at least 48 hours before the meeting.
CA Meeting
City Administration Committee
DATE: May 17, 2017
TIME: 6:00 p.m.
LOCATION: 3rd Floor,
City Hall, Council Chambers
AGENDA ITEMS
Item Voting
Item?
Presenter(s) Time
Allotted
Chair, Deb Mohlenhoff
1. Call To Order * Note: We will review the number of 15 Min*
1.1 Agenda Review No cards received at the beginning of each
1.2 Review and Approval of Minutes Yes meeting and adjust time if needed.
Approval of April 2017 Minutes
1.3 Statements from the Public No
1.4 Statements from Employees No
1.5 Council Response No
2. Consent Items Yes 5 Min
2.1 Amendment to Managerial Fringe Benefits
2.2 Amendment to Confidential Fringe Benefits
2.3 Chamberlain – Request to Waive Penalty
2.4 YB – Request to Amend Budget
2.5 YB – Request to Amend Budget
2.6 YB – Request to Amend Budget
2.7 Eng. – Brindley St Bridge Replacement
3. City Administration, Human Resources, and Policy
3.1 DPW – Amendment to Roster Yes Mike Thorne, Supt of PW 5 Min
3.2 DPW – W&S Amendment to Roster Yes Mike Thorne, Supt of PW 5 Min
3.3 Clerk – Reallocation of Position Yes Julie Holcomb, Clerk 5 Min
3.4 Authorization of MOU with Friends
of Stewart Park Yes Ari Lavine, Attorney 5 Min
3.5 Opposition of 2018 Federal
Government Budget Yes Ducson Nguyen 10 Min
3.6 Dogs on the Commons (Discussion) No IPD Officer 10 Min
3.7 Mass Notification System (Discussion) No Dan Cogan, Chief of Staff 10 Min
3.8 Proposed Ordinance – Legislation No 10 Min
Creating New Advisory Commissions Yes Ari Lavine, Attorney 10 Min
3.9 Proposed Local Law 2.3 – Legislation
Creating New Advisory Commissions Yes Ari Lavine, Attorney 10 Min
4.Finance, Budget, and Appropriations
4.1 Controller – Approval of Bonds Yes Steve Thayer, Controller 5 Min
5. Committees Working Group No Deb Mohlenhoff/Ari Lavine
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 Controller’s Office at 607-274-6576 at least 48 hours before the meeting.
CA Meeting
Agenda
(Continued)
6. 2018 Budget Discussion No All 5 min
7. Meeting Wrap-up All 5 Min
7.1 Announcements No
7.2 Next Meeting Date: June 21, 2017
7.3 Review Agenda Items for Next Meeting No
7.4 Adjourn Yes
7:55 p.m.
Committee Charge: The CA committee will:
Review financial and administrative issues pertaining to the City, along with items relating to the City of Ithaca workforce
environment, intergovernmental relations and human resources.
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2. Consent
.1 Amendments to Fringe Benefits for Managerial Personnel
WHEREAS, in an effort to achieve consistency, the Director of Human Resources recommends
amendments to the Fringe Benefits for Managerial Personnel that align with recently negotiated labor
contracts, and
WHEREAS, the proposed changes to the sick leave buyout methodology and the elimination of the Day
Care Cash Subsidy will not affect currently employed City employees, but the enhancement for
Parenting Leave will impact all employees eligible; now therefore be it
RESOLVED, That the Common Council approves the amendments included herewith, effective
immediately.
CITY OF ITHACA
FRINGE BENEFITS FOR MANAGERIAL PERSONNEL
1. Annual Leave:
Managerial employees shall earn annual leave on a monthly basis in accordance with the
following schedule:
Length of Service 40 hours/week 35 hours/week
fewer than 2 years 10 hrs/mo (3 wks) 9 hrs/mo (3 wks)
2-4 years 14 hrs/mo (4 wks) 12 hrs/mo (4 wks)
5-9 years 17 hrs/mo (5 wks) 15 hrs/mo (5 wks)
10 or more years 20 hrs/mo (6 wks) 18 hrs/mo (6 wks)
Annual leave shall be posted on the fi rst day of each month, beginning with the first day of the
month following the month of hire.
Annual leave may be accumulated throughout the year without a limit, but only a maximum of
forty (40) days may be carried into the next calendar year. Any days in excess of forty (40) will
be forfeited on December 31st. No more than thirty (30) days of accumulated annual leave
shall be paid on separation from service; upon retirement, unused annual leave in excess of
this amount may be applied toward the purcha se of health and dental insurance.
An employee may elect to cash in up to ten (10) days of unused annual leave in December of
any calendar year. (Note: Pursuant to the Common Council resolution passed on January 8,
2015, this annual leave cash-in was suspended in 2015 and 2016 due to the implementation
of a new managerial compensation plan.)
2. Holidays:
Holiday leave shall be as follows:
January 1st Columbus Day
Martin Luther King Day Veteran’s Day
President’s Day Thanksgiving
Memorial Day Day after Thanksgiving
Independence Day Christmas
Labor Day One (1) annual leave day to be credited 2/1*
Whenever any of these holidays falls on a Saturday, the preceding Friday shall be considered
the holiday. If on Sunday, the following Monday shall be considered the holiday.
*An annual leave day was added in lieu of Lincoln’s Birthday, pursuant to a resolution adopted
by Common Council on December 5, 2007. The annual leave day is accrued on February 1st
of each year.
Managerial employees who work shortened workweeks (i.e. fewer than five days per week)
that do not coincide with the established managerial holiday benefit schedule shall receive
annual leave accruals on the designated holidays rather than observing the designated
holidays as days off. Annual leave accruals shall be prorated as appropriate, based on the
City of Ithaca - Fringe Benefits for Managerial Personnel - Page 2
employee’s standard workweek. (For example, a 20 hr/wk employee shall accrue four (4)
hours of annual leave on each holiday; a 40 hr/wk employee shall accrue eight (8) hours of
annual leave on each holiday.) Such annual leave accrual shall be a replacement for paid
holidays off, not a supplement to them.
3. Sick Leave:
Sick leave shall accumulate at the rate of one (1) day per month. Sick leave shall be posted
on the first day of each month, beginning with the first day of the month following the month of
hire. There shall be unlimited accumulation of sick leave. Sick leave may be used for
personal medical reasons or for illness in the employee’s immediate family (as defined in
Section 6).
Any employee who is injured in the course of his/her employment and who is entitled to
benefits under the provisions of Workers’ Compensation Law may elect to use his/her
accumulated sick leave benefits to cover the wor kers compensation absence. If an employee
elects to do so, the amount of any award made to the employee by the Workers’
Compensation Board for any period of time during which the employee used sick leave
benefits shall be paid to the City of Ithaca, which in turn will reimburse the employee's sick
leave account with the amount of sick leave equivalent to the financial value of the award.
4. Sick Leave Bank:
Employees may voluntarily make or receive a donation of accumulated sick leave or annual
(vacation) leave to or from any City of Ithaca employee. The employee receiving the donated
time must have exhausted his/her leave time. The request to transfer leave time must be
submitted in writing to the Human Resources Department.
5. Sick Leave Buyout:
Employees whose employment with the City commenced prior to January 1, 2017:
Upon an employee’s retirement, unused sick leave shall be applied toward the payment of
extended health and dental insurance coverage. E xtended health and dental insurance
coverage shall be provided at the rate of one (1) month of insurance for each twelve (12)
hours of accumulated sick leave, or at the established retiree premium, at the discretion of the
employee.
Employees whose employment with the City commenced on or after January 1, 2017:
Upon an employee’s retirement, the value of the unused sick leave, as valued at an
employee’s standard rate of pay as of their date of retirement, shall be used to establish a
retirement fund account to pay for health insurance for the retiree and eli gible dependents as
elected by the retiree. Each month that such health insurance is provided by the City, the
value of the retiree or dependent rate established by the Common Council shall be deducted
from the retiree’s retirement fund account. The City will provide an annual statement of
retirement fund account dollar balance to all retirees to whom this paragraph applies. Once
the account is exhausted, the City will no longer extend health insurance coverage to retirees
and dependents except by direct, full payment to the City by the retiree or dependent at the
appropriate group rate as determined by the City.
City of Ithaca - Fringe Benefits for Managerial Personnel - Page 3
All employees regardless of date of hire:
EEmployees who retire with sick leave balances in excess of two thousand (2,000) hours may
elect to receive a cash payment for the portion of their accrued sick leave that exceeds two
thousand (2,000) hours, up to a maximum cash payment of $11,000. The employee’s
remaining sick leave shall be applied toward the payment of extended health and dental
insurance coverage at the rates specified in the preceding paragraph.
In the event of an employee’s death prior to his/her retirement, or if retired, prior to the
exhaustion of remaining accumulated funds, such monies due the employee shall be applied
toward the purchase of health insurance for his/her surviving dependents, if any.
Upon the exhaustion of the employee’s sick leave balance, the City will no longer extend
health insurance coverage to retirees and dependents except by direct full payment to the City
by the retiree at the appropriate rate available as determined by the City.
6.Bereavement Leave:
In the event of death in the immediate family of the employee or family of the employee’s
spouse or domestic partner, such employee shall be allowed a leave of absence with pay to a
maximum of three (3) days. The Mayor may grant additional time as needed.
The immediate family is defined as: the spouse or domestic partner, parent, grandparent,
child, grandchild, brother or sister of the employee or the parent, grandparent, child,
grandchild, brother or sister of the spouse or domestic partner. It shall apply also to any other
relative living in the same household.
In the event of death of a friend, family member not in the immediate family or associate of an
employee, such employee may be allowed a leave of absence with pay of one (1) day. The
Department Head or Mayor, if the department head makes the request, must approve this
leave of absence.
7.Parenting Leave:
Any employee taking a parenting leave shall be entitled to use up to eight eight (8)twelve (12)
weeks of accumulated sick sick leave running from the date of birth or adoption, of which the
first eight (8) weeks may be sick leave without providing a doctor’s certificate. Parenting
leaves shall be available to both male and female employees and shall be available only in the
case of childbirth or adoption. Employees may use additional sick time at the end of the eight
(8) week period for parenting leave following the birth or adoption of the child upon
presentation of a doctor’s certificate attesting to the necessity of such continued leave from
employment. Employees may use annual leave time after the first eight (8) week period of
parenting leave without a doctor’s certificate.
8.Jury Duty:
An employee shall be granted a leave of absence, with pay, at no loss of accrued leave, to
serve jury duty or to appear as a witness pursuant to subpoena, or other order of the court
City of Ithaca - Fringe Benefits for Managerial Personnel - Page 4
upon presentation to the City of proof thereof. Any compensati on received from the court
except expense reimbursement, shall be returned to the City.
9. Work Schedule:
The City recognizes the need to provide a certain degree of flexibility in the work schedules of
managerial employees to accommodate for work performed during non-traditional work hours.
10. Health & Dental Insurance:
All employees shall contribute 20% of the health insurance premium equivalent for the type of
health insurance (individual or family coverage) that the employee has elected.
The employee prescription drug co-pay shall be $5 for generic drugs, $15 for preferred brand-
name drugs that do not have a generic equivalent, and $30 for non-preferred brand-name
drugs that have a generic equivalent. The stated co-pays apply to each 30 day supply of the
prescription. Each prescription may be filled for up to a 90 day supply at a time, subject to the
appropriate co-pays.
In addition, employees have the option of choosing an alternative health insurance plan
offered through the Greater Tompkins County Municipal Health Insurance Consortium. The
prescription drug co-pays for alternative health insurance plans may vary according to the plan
chosen.
The City will provide the Excellus Blue Cross/Blue Shield Dental Blue Options Incentive PPO
(formerly known as Schedule A) Plan as individual and/or family coverage, at no cost to the
employee. Employees who elect to carry Prime Blue Dental Insurance instead of the Dental
Blue Options Incentive PPO Plan shall be responsible for payment of the diffe rence between
the two premiums.
Employees who elect to carry Vision Insurance shall be responsible for payment of the full
premium.
11. Retirement:
The City shall provide membership in the New York State Employees’ Retirement System or, if
applicable, in the New York State Police and Fire Retirement System with benefits in
accordance with and subject to the provisions of the statutes of the State of New York.
12. Day Care:
The City shall continue to provide the established Day Care Assistance Program (Cash
Subsidy Program, Flexible Spending Account and Flexible Work Schedule) according to the
program and procedures adopted by the Ithaca Common Council.
Notwithstanding the preceding sentence, all employees whose employment with the City
commences on or after January 1, 2017 shall not be entitled to the Cash Subsidy Program.
City of Ithaca - Fringe Benefits for Managerial Personnel - Page 5
13.Educational Assistance:
The City of Ithaca agrees to pay the tuition for education courses, including technical and
trade schools, to assist employees in furthering their education and enhancing their ability and
effectiveness on the job. Such assistance shall be limited to courses which are related to an
employee’s position and which will further development in the performance of the employee’s
duties. Additionally, the employee must receive a passing grade in the course before
reimbursement will be issued.
Educational assistance shall be limited to two (2) courses per calendar year for permanent or
provisional employees. No employee shall receive assistance for more than a career limit of
twenty (20) courses. The City shall pay the actual per hour tuition cost of any approved
courses, provided that any employee who receives educational assistance shall reimburse the
City for the cost of any course if the employee chooses to leave City employment within six (6)
months of the conclusion of that course.
14.Mileage Reimbursement:
Employees who are required to use their personal automotive vehicle in the conduct of official
business shall be reimbursed at the prevailing IRS rate.
Revised: March 2016, April 2017
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2. Consent
.2 HR - Amendment to Fringe Benefits for Confidential Employees
WHEREAS, the fringe benefits for confidential employees are, by resolution of Common Council,
indexed to those provided by the CSEA Administrative Unit contract, and
WHEREAS, the provisions governing the disposition of sick leave upon retirement incur a tax liability
for the retiree, even when there is no cash payment for sick leave, and
WHEREAS, the confidential employees wish to eliminate the tax liability by waiving the option of cash
payment of sick leave; now, therefore, be it
RESOLVED, That the following provision shall govern the disposition of sick leave upon retirement
for confidential employees:
1. Employees whose employment with the City commenced prior to January 1, 2017: Upon an
employee’s retirement, unused sick leave shall be applied toward the payment of extended
health and dental insurance coverage. Extended health and dental insurance coverage shall be
provided at the rate of one (1) month of insurance for each twelve (12) hours of accumulated
sick leave, or at the established retiree premium, at the discretion of the employee. Once the
employee’s sick leave is exhausted, the City will no longer extend health insurance coverage
to retirees and dependents except by direct, full payment to the City by the retiree or dependent
at the appropriate group rate as determined by the City.
2. Employees whose employment with the City commenced on or after January 1, 2017: Upon
an employee’s retirement, the value of the unused sick leave, as valued at an employee’s
standard rate of pay as of their date of retirement, shall be used to establish a retirement fund
account to pay for health insurance for the retiree and eligible dependents as elected by the
retiree. Each month that such health insurance is provided by the City, the value of the retiree
or dependent rate established by the Common Council shall be deducted from the retiree’s
retirement fund account. The City will provide an annual statement of retirement fund account
dollar balance to all retirees to whom this paragraph applies. Once the account is exhausted,
the City will no longer extend health insurance coverage to retirees and dependents except by
direct, full payment to the City by the retiree or dependent at the appropriate group rate as
determined by the City.
And, be it further
RESOLVED, That all other fringe benefits provided by the CSEA Administrative Unit contract shall
continue to apply to confidential employees.
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2. Consent
.3 Chamberlain – Request to Waive Penalty on Taxes
WHEREAS, the owner of property at 216 Floral Ave, tax map#74.-3-3 stated that he sent in a check in
the amount of $1,797.62 on January 26, 2017 for payment of the City and County taxes on the property,
and
WHEREAS, the check was never received by the Chamberlain’s Office, and
WHEREAS, upon receiving a notice of unpaid taxes in March 2017, the owner sent a second check in
the amount of $1,871.48 which included late penalties and notice fees due at that time, and
WHEREAS this second check including March 2017 penalties and fees, has been received and posted
by the Chamberlain’s Office, and
WHEREAS, the owner has requested the penalties and fees be refunded and has provided necessary
documentation to prove the issuance of his timely January check, but
WHEREAS, refunding the penalties and fees needs committee approval; now, therefore be it
RESOLVED, That the request to waive and refund penalty and fees on the 2017 City of Ithaca, First
Installment and Tompkins County Taxes for 216 Floral Ave, in the amount of $73.86 is hereby
approved.
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2. Consent
.4 YB – Request to Amend 2017 Budget - First-Time Work Program
WHEREAS, The Ithaca Youth Bureau Youth Employment Service program plans to provide
employment assistance and summer jobs to teens during the 2017 summer season,
WHEREAS, The Youth Bureau has been awarded $67,000, by the Joint Youth Commission (JYC) and
the Town of Ithaca for the JYC First-Time Work Program.
WHEREAS, the Youth Bureau Summer Youth Employment Services is excited to expand their program
to serve more teens
WHEREAS, The Youth Bureau requests amendments to the 2017 budget in order to meet the
contractual obligations of the funding awarded and serve more youth, now therefore be it
RESOLVED, That the Youth Bureau 2017 budget be amended as follows:
Increase Revenue:
A7310-2350-1202 Youth Employment Service $66,000
A7310-2350-1400 Administration $1,000
$67,000
Increase Expenses:
A7310-5120-1202 Part time/Seasonal $54,627
A7310-5425-1202 Office Supplies $1,446
A7310-5445-1202 Travel & Mileage $1,262
A7310-5460-1202 Program Supplies $1,470
A7310-5425-1400 Office Supply $1,000
A7310-9030-1202 FICA/Medicare $4,179
A7310-9040-1202 Workers Comp $3,016
$67,000
Ithaca Youth Bureau
1 James L. Gibbs Drive
Ithaca, New York 14850
Phone: (607) 273-8364
Fax: (607) 273-2817
“Building a foundation for a lifetime.”
To: City Administration Committee
From: Liz Klohmann, Director
Re: Youth Bureau Budget Amendment
Date: May 3, 2017
The Youth Bureau has been awarded $67,000, by the Joint Youth Commission and the Town of
Ithaca for the Joint Youth Commission First-Time Work Program. We are pleased to be able to
offer summer employment to additional teens this summer.
We would like to amend the 2017 Youth Bureau budget as follows:
Increase Revenue:
Account # A7310-2350-1202 Youth Employment Service $66,000.00
Account # A7310-2350-1400 Administration $1,000.00
Total $67,000
Increase Expenses:
Account # A 7310-5120-1202 Part time/Seasonal $54,627.00
Account # A 7310-5425-1202 Office Supplies $1,446.00
Account # A 7310-5445-1202 Travel & Mileage $1,262.00
Account # A 7310-5460-1202 Program Supplies $1,470.00
Account # A 7310-5425-1400 Office Supply $1,000.00
YES Fringe Benefits Participants $45,592.00 x 12.65% $5,767.00
Other PTS (Staff) $9,035 x 15.81% $1,428.00
Total $67,000.00
Thank you.
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2. Consent
.5 YB – Request to Amend 2017 Budget – Grant for Ithaca Bike Rental
WHEREAS, The Ithaca Youth Bureau is requesting permission to amend the 2017 budget to reflect
grants that have been awarded for 2017, and
WHEREAS, The Ithaca Bike Rental received a Tompkins County Tourism Grant in the amount of
$7,000, and
WHEREAS, Outings was awarded an additional $10,147 from the Tompkins County Youth Services to
run the new Outings program called Path Finders, and
WHEREAS, Recreation Support Services Adult programs received a $7,855 grant to extend
programming to adults who are living at home, designated as Family Support participants; now,
therefore be it
RESOLVED, That the Ithaca Youth Bureau 2017 budget is amended according to the following:
Please allow the 2017 Youth Bureau budget to reflect these items by making the following adjustments:
Increase Expenses:
A7310-5120-01602 Part-time Seasonal $6,783
A7310-5460-01221 Program Supplies $3,000
A7310-5425-01221 Office Supplies $165
A7310-5120-01221 Part-time Seasonal $6,029
A7310-5460-01203 Program Supplies $7,000
A7310-9030 FICA/Medicare $981
A7310-9040 Workers Comp $1,044
$25,002
Increase Revenues:
A7310-3820-1600 NYS OPWDD $4,310
A7310-3820-1602 NYS OPWDD $3,545
A7310-2350-01221 Other Municipalities $10,147
A7310-2070-01203 Donations $7,000
$25,002
Ithaca Youth Bureau
1 James L. Gibbs Drive
Ithaca, New York 14850
Phone: (607) 273-8364
Fax: (607) 273-2817
“Building a foundation for a lifetime.”
To: City Administration Committee
From: Liz Klohmann, Director
Re: 2017 Budget Amendment
Date: 5/17/17
The Ithaca Youth Bureau is requesting permission to amend the 2017 budget to reflect grants
that we have been awarded for 2017.
Ithaca Bike Rental received a Tompkins County Tourism Grant in the amount of $7,000. A
portion of that grant will be spent on marketing and a portion on equipment for the program.
Outings was awarded an additional $10,147 from the Tompkins County Youth Services to run
the new Outings program called Path Finders.
Recreation Support Services Adult programs received a $7,855 grant to extend programming to
adults who are living at home, designated as Family Support participants.
Please allow the 2017 Youth Bureau budget to reflect these items by making the following
adjustments:
Increase Expenses:
A7310-5120-01602 Part-time Seasonal $6,783.00
Fringes 15.81% $1,072.00
$3,000.00
$ 165.00
A7310-5460-01221 Program Supplies
A7310-5425-01221 Office Supplies
A7310-5120-01221 Part-time Seasonal $6,029.00
Fringe 15.81% $ 953.00
A7310-5460-01203 Program Supplies $7,000.00
Total - $25,002.00
Increase Revenues:
A7310-3820-1600 NYS OPWDD $4,310.00
3820-1602 NYS OPWDD $3,545.00
A7310-2350-01221 Other Municipalities $10,147.00
A7310-2070-01203 Donations $7,000.00
Total - $25,002.00
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2. Consent
.6 YB – Request to Amend 2017 Budget – YES Program
WHEREAS, The Ithaca Youth Bureau Youth Employment Service program plans to provide
employment assistance and summer jobs to teens during the 2017 summer season, and
WHEREAS, the Youth Bureau will receive $172,840.55 from the Tompkins County Workforce
Investment Board to fund summer youth employment, and
WHEREAS, the Youth Bureau Summer Youth Employment Services is excited to expand their program
to serve more teens, and
WHEREAS, The Youth Bureau requests amendments to the 2017 budget in order to meet the
contractual obligations of the funding awarded; now therefore be it
RESOLVED, That the Youth Bureau 2017 budget be amended as follows:
Increase Revenues:
A7310-4820-1200 Youth Development Administration $3,000.00
A7310-4820-1202 Youth Employment Service $165,426.55
A7310-4820-1400 Administration $4,414.00
$172,840.55
Increase Expenses:
A7310-5440-1200 Staff Development $2,000.00
A7310-5460-1200 Program Supplies $1,000.00
A7310-5120-1202 Part time/Seasonal $139,147.65
A7310-5425-1202 Office Supplies $2,531.35
A7310-5445-1202 Travel & Mileage $1,000.00
A7310-5460-1202 Program Supplies $4,400.00
A7310-5437-1400 Merchant Service $1,200.00
A7310-5425-1400 $1,314.00
A7310-5440-1400 $1,100.00
A7310-5460-1400 $800.00
A7310-9030 $10,645.00
A7310-9040
Office Supplies
Staff Development
Program Supplies
FICA/Medicare
Workers Comp $7,702.55
$172,840.55
“An Equal Opportunity Employer with a commitment to workforce diversification.”
Ithaca Youth Bureau
1 James L. Gibbs Drive
Ithaca, New York 14850
Phone: (607) 273-8364
Fax: (607) 273-2817
“Building a foundation for a lifetime.”
To: City Administration Committee
From: Liz Klohmann, Director
Re: Youth Bureau Budget Amendment
Date: May 3, 2017
We have been advised, by the Tompkins County Workforce Investment Board that we will receive
$172,840.55 in funding for Tompkins Summer Youth Employment Program. Although we are awaiting final
confirmation, we are pleased that we may be able to offer summer employment to additional teens this
summer.
We would like to amend the 2017 Youth Bureau budget, contingent upon confirmation of funding, as
follows:
Increase Revenues:
Account # A7310-4820-1200 Youth Development Administration $3,000.00
Account # A7310-4820-1202 Youth Employment Service $165,426.55
Account # A7310-4820-1400 Administration $4,414.00
Total $172,840.55
Increase expenses:
Account # A 7310-5440-1200 Staff Development $2,000.00
Account # A 7310-5460-1200 Program Supplies $1,000.00
Account # A 7310-5120-1202 Part time/Seasonal $139,147.65
Account # A 7310-5425-1202 Office Supplies $2,531.35
Account # A 7310-5445-1202 Travel & Mileage $1,000.00
Account # A 7310-5460-1202 Program Supplies $4,400.00
Account # A 7310-5437-1400 Merchant Service $1,200.00
Account # A 7310-5425-1400 Office Supplies $1,314.00
Account # A 7310-5440-1400 Staff Development $1,100.00
Account # A 7310-5460-1400 Program Supplies $800.00
YES Fringe Benefits Participants $115,559.64 x 12.65% $14,618.29
Other PTS (Staff) $23,588 x 15.81% $3,729.26
Total $172,840.55
Thank you.
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2. Consent
.7 Brindley Street Bridge Replacement Project Right-of-Way Acquisition Resolution
WHEREAS, a Project for the Brindley Street Bridge Replacement over Cayuga Inlet , P.I.N. 375611
(the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the
apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non-
Federal funds; and
WHEREAS, the project involves the construction of new roadway and bridge on a relocated horizontal
alignment that will connect Taber Street with the West State Street/Taughnnock Boulevard intersection,
and
WHEREAS, as part of the approved 2011 budget, the City of Ithaca established Capital Project #764 in
the amount of $205,000 to cover scoping and development phases of the project, and
WHEREAS, as part of the approved 2015 budget, Common Council authorized an additional $303,000
for the project; and
WHEREAS, as part of the approved 2017 budget, Common Council authorized an additional $134,000
for the project; and
WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100% of the
non-Federal share of Right-of-Way Acquisition phase of the project; and
WHEREAS, On May 2, 2017, $16,650 of Federal funding was made available by New York State
Department of Transportation for Right-of-Way Acquisition phase of the Project, and
WHEREAS, The right-of-way cost of $16,650 will be derived from existing funds from Capital Project
# 764;
NOW, THEREFORE, the City of Ithaca Common Council, duly convened does hereby
RESOLVED, That the City of Ithaca Common Council hereby authorizes the City of Ithaca to pay in
the first instance 100% of the federal and non-federal share of the cost of Right-of-Way Acquisition
phase of the Project; and it is further
RESOLVED, That the City of Ithaca Common Council hereby agrees that the City of Ithaca shall be
responsible for all cost of Right-of-Way Acquisition which exceed the amount of the Federal funding;
and it is further
RESOLVED, That this project be undertaken with the understanding that the final cost of the Right-of-
Way Acquisition to the City of Ithaca will be 20% of project costs up to a total project cost of $3,330;
and it is further
RESOLVED, That funds needed for said amendment shall be derived from Capital Project#764 and
that the final cost to the City will be $3,330; and it is further
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RESOLVED, That in the event of full federal and non-federal share cost of the project exceeds the
amount appropriated above, the City of Ithaca shall convene as soon as possible to appropriate said
excess amount immediately upon the notification by the New York State Department of Transportation
thereof, and it is further
RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute all necessary
Agreements and the Superintendent of Public Works is hereby authorized to execute all the necessary
Certifications or reimbursement requests for Federal Aid and /or State-Aid on behalf of the City of
Ithaca with the New York State Department of Transportation in connection with the advancement or
approval of the Project and providing for the administration of the Project and the municipality’s first
instance funding of project costs and permanent funding of the local share of federal-aid and state-aid
eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and it
is further
RESOLVED, That a certified copy of this resolution be filed with the New York State Commissioner of
Transportation by attaching it to any necessary Agreement in connection with the Project; and it is
further
RESOLVED, That this Resolution shall take effect immediately.
CITY OF ITHACA
108 East Green Street, Ithaca, New York 14850-6590
DEPARTMENT OF PUBLIC WORKS
Michael J. Thorne, P.E. Superintendent
Telephone: 607/274-6527 Fax: 607/274-6587
“An Equal Opportunity Employer with a commitment to workforce diversification.”
MEMORANDUM
TO: City Administration Committee
FROM: Addisu Gebre, Bridge Systems Engineer
DATE: May 9, 2017
RE: Brindley Street Bridge Replacement Project, CP#764
Please find attached a resolution seeking Common Council authorization to pay in the first
instance 100% of the Federal and non-Federal share of the Right-of-Way Share of the project.
Common Council already authorized $642,000 for the project as part of 2011, 2015 and 2017
capital budgets. And, on May 4, 2017, $16,650 in federal funding for the Right-of-Way
Acquisition phase of the project was made available by the New York State Department of
Transportation’s Off System Surface Transportation Program (STP-OFF) program.
The City of Ithaca will be reimbursed for 80% of eligible project cost up to $13,320, and any
additional cost after that up to the total authorization will be the City’s responsibility.
This project will replace the load posted, single lane, one-way bridge with a two lane, two way
structure relocated to intersect West State Street across from Taughannock Boulevard. The
existing structure will be repurposed to serve pedestrians and bicyclists only.
If you have any questions, please call me @ 607-274-6530 or email me agebre@cityofithaca.org
cc: Tim Logue, Director of Engineering Services
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3.City Administration, Human Resources, and Policy
.1 DPW - Amendment to Personnel Roster
WHEREAS, the Department of Public Works needs to increase its capabilities to maintain electrical
services, due to aging buildings, code changes, and the anticipated ownership and maintenance of all
streetlights in the city, and
WHEREAS, the increased responsibilities within the City will require the use of licensed electricians,
and
WHEREAS, the current position of Electrical Technician does not require a license, nor is it intended to
perform more advanced electrical work, and the proposed position of Electrician does require a license
and the ability to perform advanced electrical work, now, therefore be it
RESOLVED, That the Personnel Roster of the Department of Public Works be
amended as follows:
Add: One (1) Electrician
Delete: One (1) Electrical Technician
and, be it further
RESOLVED, That the position of Electrician shall be assigned to the CSEA Administrative Unit at
salary grade 14, 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 the Electrician 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.
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3.City Administration, Human Resources, and Policy
.2 DPW – Water and Sewer - Proposed Amendment to Personnel Roster
WHEREAS, the Water & Sewer Division of the City of Ithaca DPW has need for the Wastewater
Collection Systems Supervisor, and
WHEREAS, Common Council by Resolution agenda item 8.4 on 2/19/2014 temporarily downgraded
Wastewater Collection Systems Supervisor position to a Working Supervisor position. Leaving
Wastewater Collection Systems Supervisor position vacant and unfunded and funding a vacant and
unfunded fifth Working Supervisor position. This was done at the request of the Water & Sewer
Division of the DPW based both on the needs and budget constraints at the time, and
WHEREAS, the Wastewater Collection Systems Supervisor was budgeted for in the City of Ithaca DPW
Final Budget Submission for 2017 with the difference of the salary for the Wastewater Collection
Systems Supervisor and a senior Working Supervisor being added to the 2017 Adopted Program Budget
with the understanding that when the Wastewater Collection Systems Supervisor position was filled the
Working Supervisor position would revert to being vacant and unfunded in the authorized personnel
roster, and
WHEREAS, we currently have the Wastewater Collection Systems Supervisor position unfunded on our
authorized personnel roster and the fifth Working Supervisor position funded on our roster; now
therefore, be it
RESOLVED, That the fifth Working Supervisor position be defunded and remain on our roster vacant
and unfunded, and the Wastewater Collection Systems Supervisor position be funded and filled as soon
as practicable.
1
Ph: (607) 272-1717
Fx: (607) 277-5028 City of Ithaca DPW
Water & Sewer Division
510 First Street
Ithaca, New York 14850
Memo
To: Administrative Committee
From: Erik Whitney, P.E., Assistant Superintendent City of Ithaca DPW W&S Div.
CC:Steve Thayer, City Controller
Date: Friday, May 05, 2017
Re: Authorization Wastewater Collection Systems Supervisor
The proposed resolution is intended to fund one (1) presently vacant and unfunded
Wastewater Collection System Supervisor and defund (1) Working Supervisor position upon
promotion to Wastewater Collection System Supervisor. Note: The funding for the difference
in the two salaries is included in our adopted program budget for 2017. The Working
Supervisor position is presently funded and occupied.
The nature of the Water & Sewer Divisions planned work over the next decade is driving this
change. Because of the age of our present wastewater collection system infrastructure we
will be replacing and rehabilitating (re-lining) existing sewers at a greater pace than we have
over the last decade. The Wastewater Collection System Supervisor will be needed to
coordinate and provide technical and contractual oversight and direction for both our own
Crews and Contractors engaged in these endeavors.
I intend to be present at the meeting should any questions arise.
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3.City Administration, Human Resources, and Policy
.3 Clerk’s Office - Reallocation of Information Management Specialist Position
WHEREAS, an Information Management Specialist requested a review of her position in consideration
of a reallocation, and
WHEREAS, the review determined that a permanent and material growth in the position’s
responsibilities has occurred since the position was last evaluated in 2007, and
WHEREAS, the Human Resources Department reviewed the point factor evaluation of the Information
Management Specialist 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 Information Management Specialist be reallocated from Grade 5 to
Grade 6 of the Confidential Employees Compensation Plan effective February 22, 2017, and be it
further
RESOLVED, That the funding to cover the resulting salary increases shall be derived from within the
approved 2017 departmental budget.
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3.City Administration, Human Resources, and Policy
.4 Authorization to Enter into a Memorandum of Understanding with Friends of Stewart Park
WHEREAS, the City of Ithaca purchased Stewart Park from the Renwick Park and Traffic Association
on July 4, 1921, and the City has continuously owned and operated Stewart Park since such purchase;
and
WHEREAS, in recognition of Stewart Park’s centennial anniversary in 2021, Friends of Stewart Park
(hereinafter “FSP”) a non-profit organization with the mission of revitalizing Stewart Park, requested a
formal agreement with the City to govern the relationship with the City and improvements to Stewart
Park; and
WHEREAS, the City is the process of studying and developing a master plan for all City parks, and FSP
is developing its Stewart Park Revitalization Plan, which encompasses the organization’s goals for
preserving and bringing new life to Stewart Park; and
WHEREAS, FSP anticipates fundraising efforts to support completion of Revitalization Plan projects on
or before the Stewart Park centennial anniversary in 2021; and
WHEREAS, the City wishes to execute an agreement that recognizes a public/private partnership
between the City and FSP to govern these revitalization efforts and provide structure as to how the City
and FSP will work together in completion of projects in Stewart Park; now therefore be it
RESOLVED, That Common Council supports the City’s partnership with Friends of Stewart Park; and
be it further
RESOLVED, That the Mayor, upon the advice of the City Attorney, is authorized to execute a
memorandum of understanding with Friends of Stewart Park to memorialize the roles and processes the
parties will implement to accomplish the parties’ shared Stewart Park revitalization goals and projects.
FRIENDS OF STEWART PARK AND CITY OF ITHACA
MEMORANDUM OF UNDERSTANDING
THIS AGREEMENT, among:
• The CITY OF ITHACA, a municipal corporation in the State of New York, with offices at 108 E.
Green Street, Ithaca, New York 14850, hereinafter the “City,”
•FRIENDS OF STEWART PARK, INC., a domestic not-for-profit corporation in the State of New
York, with offices at 1001 West Seneca Street, Suite 101, Ithaca, New York 14850, hereinafter “FSP,”
WITNESSETH THAT:
WHEREAS, the CITY purchased Stewart Park from the Renwick Park and Traffic Association on July
4, 1921, and the City has continuously owned and operated Stewart Park since such purchase; and
WHEREAS, FSP is a private not-for-profit organization formed in 2011 with the mission to revitalize
and maintain Stewart Park in collaboration with the City and other community stakeholders; and
WHEREAS, in fulfillment of its organizational mission, FSP endeavors to realize certain
improvements to Stewart Park to celebrate Stewart Park’s centennial anniversary as a City-owned park
on July 4, 2021;
WHEREAS, the City supports and shares FSP’s goals to enhance park facilities and to increase
opportunities for the public’s use and enjoyment of Stewart Park; therefore
IN CONSIDERATION OF the promises, covenants and agreements contained herein, the parties
hereby agree as follows:
1. Partnership: By executing this agreement the parties intend to affirm the public/private
partnership between the City and Friends of Stewart Park to revitalize and maintain Stewart
Park, and to provide structure and process to define how the parties will work together.
2. Final Authority: Notwithstanding the foregoing, the parties acknowledge and understand that,
as owner of Stewart Park, the City is solely responsible for maintenance, improvement and
development of the park. As such, all decisions concerning maintenance, improvement and
development of park features are subject to the City’s approval processes and prioritization of
projects.
3. Planning Coordination: Friends of Stewart Park is in the final stages of developing the Stewart
Park Revitalization Plan, hereinafter SPRP, which describes a variety of projects to preserve,
improve, maintain, and bring new life to Stewart Park. The City is also undergoing a Master
Plan study for Stewart and Cass Parks (“Parks Master Plan”), with the Parks Master Plan study
completion expected in the summer of 2017. FSP will finalize its SPRP and submit to the
City’s Parks Master Plan consultants for consideration and potential incorporation into the
Master Plan for Stewart Park.
4. Prioritization: The SPRP contemplates fundraising initiatives for completion of FSP’s targeted
projects by or before the Stewart Park centennial anniversary in 2021. The parties agree that
FSP’s intended revitalization projects may generally overlap with the City’s priorities for
Stewart Park, but the City’s requirements and considerations as owner of the park ultimately
will drive the priority of projects within Stewart Park.
5. Communication: The parties agree to meet regularly to discuss and coordinate, where
applicable, potential grant opportunities, projects for development, and maintenance concerns.
The City shall designate one or more staff representative(s) to serve as the City’s primary and
initial point of contact for purposes of fostering communication and coordination with FSP.
6. City-Funded Projects: As to projects financed completely by City funds or funds secured b y
City-staff, the City shall generally advise FSP of grants applied for by the City that would
benefit Stewart Park and offer FSP reasonable opportunities to provide advice and
recommendations to the City as to the design and development of the City-funded project in
order to maximize the likelihood that the City-funded project will support park revitalization
goals.
7. FSP-Funded Projects: The following provisions shall apply to any proposed Stewart Park
improvements initiated or funded by the Friends of Stewart Park:
a.FSP agrees that it shall discuss with the City any grant application (and the conditions
associated therewith) it proposes to make, substantially in advance of—and in no event less
than seven days prior to—the submission of such application. If the City objects to any of
the conditions that would be associated with such grant, it shall so inform FSP, in order to
avoid a situation where the City must decline receipt of a grant already awarded, because of
such conditions. In advance of submitting the grant application, the parties shall determine
which party will be responsible for receiving the grant funds, reporting requirements,
voucher submissions, and any other requirements of the grant.
b. As to projects financed in part by FSP or funds secured by FSP, FSP shall initially meet
with the designated City staff representative(s) to propose the FSP-funded project. The
City, through its staff representative(s), shall provide input concerning the proposed project
and its feasibility for fitting into the City’s Parks Master Plan for Stewart Park. Upon initial
City staff approval of the proposed FSP-funded project, FSP shall bring the proposed
project to the City Parks Commission, Board of Public Works, and any other City official,
board or committee required or advisable for preliminary approval of the project. After
obtaining all required preliminary approvals, FSP and City staff will determine whether the
project will be completed or managed by FSP or City forces, work with Department of
Public Works staff to evaluate and develop a plan for continuing maintenance of the
project, and evaluate funding considerations related to City budgetary constraints, including
ongoing maintenance costs, and any applicable grant or other relevant FSP-donor-related
considerations.
c.As to projects completed or managed and funded wholly by FSP, FSP must secure all
required approvals set forth above and as finally determined by City staff. Depending on
the scope or scale of the project, City approval of the project ma y be contingent upon FSP’s
provision of funding, to be held in escrow by the City, for the maintenance, repair and
upkeep needs of the project. FSP may also be required to comply with statutes and laws
applicable to “public work,” as that term is used and defined by New York state law. The
foregoing shall not apply to FSP’s beautification efforts around the mayor’s flagpole,
playground plantings, and front entrance, nor other volunteer efforts as approved by the
City from time to time.
d. As to projects completed or managed by the City, the City shall be solely responsible for
approving, awarding, administering and amending any contract for design, construction,
repair or maintenance of the same. The City shall communicate any anticipated, substantive
changes in the project to the FSP, so that FSP can determine if the project, with the
proposed changes, will still meet any applicable grant obligations and requirements, with
the proposed changes. FSP shall promptly notify the City of any concern that proposed
changes would jeopardize grant compliance, and the City shall make every reasonable
effort to avoid such an outcome. Depending on the scope or scale of the project, City
approval of the project may be contingent upon FSP’s provision of funding, to be h eld in
escrow by the City, for the maintenance, repair and upkeep needs of the project.
e.Where FSP agrees to provide funding to the City for an approved project or generally to
promote the maintenance and upkeep of Stewart Park, the City shall designate or establish a
capital project. Use of such funds shall be restricted to the uses established by the City
Common Council in creating the capital project, but generally, may be used for design,
professional services, construction costs, and other expenses related to the capital project.
f.Prior to the solicitation by the City of bids for any construction or purchase contract for a
Stewart Park project that is funded, at least in part, by funds secured by FSP, the parties
shall complete a payment schedule pursuant to which the City will receive from the FSP the
monies necessary to complete construction of the project. The parties agree that each shall
use best efforts to ensure that the intended project is completed in a reasonably timely
fashion.
g. Following completion of a project managed or funded by FSP, FSP agrees to turn over
ownership to the City, together with all warranties and representations of the designers,
manufacturers, and construction contractors that are assignable to the City and such
improvements shall thereafter be and remain City property. The City reserves the right to
repair, modify or remove the improvement at any time without cause.
8. Playground Reconstruction, specifically:
a.Through the efforts of FSP, New York State Assemblyperson Barbara Lifton’s office
nominated $1 million to fund the reconstruction of the Stewart Park playground
(“Playground Grant Project”).
b. For purposes of administering the Playground Grant Project, the City designates the
following individuals as staff representatives for the City (“Staff Representatives”):
i.JoAnn Cornish, Director of Planning, Building, Zoning, & Economic
Development; telephone: 274-6550; e-mail: jcornish@cityofithaca.org
ii.Tim Logue, Director of Engineering; telephone: 274-6535; e-mail:
tlogue@cityofithaca.org
c.The parties anticipate and agree that the Playground Grant Project will be funded
primarily through a New York State reimbursement grant requiring the City to serve as
grant recipient; as such, the City must confirm its ability to meet all grant requirements
prior to acceptance of the awarded grant. Prior to the City’s acceptance and execution of
any relevant grant agreement:
i.FSP shall promptly deliver to the Staff Representatives any agreements,
notices, requirements or other communications concerning the applicable
grant(s), including any and all terms or conditions to enable Staff
Representatives to assess the City’s ability to comply with the grant terms.
ii.Staff Representatives shall identify potential concerns with respect to grant
compliance.
iii. The parties agree to work collaboratively to address concerns with respect to
the City’s ability to comply with the grant. Notwithstanding the foregoing, the
parties agree that as the grant recipient, through its Staff Representatives, the
City in its sole reasoned discretion shall assess and make a determination as to
ability to comply with grant conditions.
d. Approvals and Review:
i.FSP shall initially meet with the Staff Representatives to propose the
playground reconstruction plans. The City’s Staff Representatives shall
provide input concerning the proposed plans.
ii.Upon the Staff Representatives’ initial approval of the proposed playground
plans, FSP agrees to submit plans and related documents to the committees
and boards according to the schedule incorporated here as Exhibit A, and as
set forth below:
1. FSP shall submit initial plans to Parks Commission and the Disability
Advisory Council for review and comment.
2. FSP, in its reasoned discretion, will incorporate comments received from
Parks Commission and Disability Advisory Council into the project’s
Site Plan Review application and request to the Board of Public Works
to modify a City park.
3. The City through its Planning Board and Board of Public Works, in
consultation with the Staff Representatives, shall declare a lead agency
for purposes of the environmental review. FSP will prepare all
environmental review documentation and submit to the Conservation
Advisory Council for comment. Staff Representatives will ensure that
the City complies with applicable State and City environmental review
regulations.
4. FSP shall coordinate with City staff representatives as to the scale and
general appearance of any donor recognition or naming rights; however,
the parties acknowledge and agree that a finalized proposal concerning
any donor recognition or naming rights must be submitted to Common
Council for review and approval.
e.Resources and Division of Roles in Project Management:
i.FSP agrees to contribute a minimum contribution of $680,000, above and
beyond the $1 million in grant monies, toward the project. FSP, in
coordination with the Staff Representatives, shall establish a budget for the
Playground Grant Project (“Project Budget”). In the event that the actual costs
of the Playground Grant Project exceed the amount of the Project Budget,
solely FSP shall be responsible for obtaining additional funds or scaling the
project accordingly.
ii.Upon satisfaction of subsections (c) and (d) above, the City shall seek
approval from Common Council to establish a capital project for the
Playground Grant Project in the amount of $1 million. In no event shall the
City be responsible for any costs or amounts due on the Playground Grant
Project beyond funds appropriated and available in the capital project.
iii. FSP shall contract for and provide all design work, including survey and
geotechnical investigations at FSP’s sole cost. Also at its cost, FSP agrees to
prepare all documents required for permitting of construction and any other
applicable governmental or regulatory approvals, including but not limited to
the following: Stormwater Pollution Prevention Plan, Department of Health,
Department of Environmental Conservation, and New York State Parks,
Recreation, and Historic Preservation.
iv. FSP shall provide a cost estimate to the City that includes a contingency fund
of 5% or greater, a maintenance estimate, and schedule for ongoing utility
(water and electrical) responsibilities and payment. In the event that FSP’s
cost estimate exceeds $1 million, FSP agrees to donate the difference to the
City capital project to advance the project.
v. Upon the City’s approval of FSP’s cost estimate, final design and bid
documents, the City shall advertise and let the project. The City will enter into
contracts for construction in accordance with General Municipal Law 103.
vi. The City agrees to provide staffing to oversee construction, but, in
coordination with the City, FSP shall provide all contract administration and
inspection work (e.g., approving submittals, maintaining daily work reports,
ensuring compliance with plans and specifications, preparing pay applications,
etc.) at its cost.
vii. FSP agrees to use a standardized agreement with its consultants and
contractors to provide for the Playground Grant Project work. FSP shall
submit such agreement(s) to the City for approval of form and substance.
f.At the completion of construction of the Playground Grant Project, the playground and
all fixtures and items constructed or installed to support the playground shall become
the property of the City.
9. FSP Financial Guidelines: FSP agrees to the following principles:
a.FSP agrees to be open and transparent about the percentage of fund s apportioned to FSP’s
campaign consultant and other FSP overhead costs, with a maximum compensation for its
campaign consultant capped at 10% of all funds donated under the applicable campaign;
b. FSP shall not offer or represent that donors may place advertisements within the park;
however, FSP may inform potential donors that naming rights or donor acknowledgement
may be available upon approval by Common Council, Board of Public Works, and Parks
Commission;
c.FSP agrees to reserve a percentage of funds to support the City’s ongoing maintenance of
park improvements.
10. Termination: Either party may terminate this Agreement upon giving the other party 90 days'
prior written notice of such termination.
11. Entire Agreement: This is the entire agreement between the parties. It replaces and supersedes
any and all oral agreements between the parties, as well as any prior writings. Modifications
and amendments to this agreement, including any exhibit or appendix, shall be enforceable
only if they are in writing and are signed by authorized representatives of both parties.
12. Applicable Law and Venue: This Agreement shall be governed under the Charter and
Municipal Code of the City of Ithaca and the laws of the State of New York without regard to,
or the application of New York State’s choice of law provisions. The parties further agree that
the Supreme Court of the State of New York, held in and for the County of Tompkins shall be
the forum to resolve disputes arising out of either this agreement or work performed according
thereto, and the parties consent to the jurisdiction of such court.
13. Counterparts: This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original and all of which, taken as a whole, shall constitute one and the
same Agreement.
14. Notice: For the purpose of providing any notice required pursuant to this Agreement, the
contact persons for each party shall be as follows, unless modified by any party, pursuant to
written notices thereof provided to the other parties:
- For the CITY OF ITHACA:
Megan Wilson, Planner AND City Attorney
108 E. Green Street 108 E. Green Street
Ithaca, NY 14850 Ithaca, NY 14850
(607) 274-6560 (607) 274-6504
mwilson@cityofithaca.org attorney@cityofithaca.org
- For FRIENDS OF STEWART PARK, INC.:
Rick Manning, Executive Director
1001 West Seneca Street, Suite 101
Ithaca, New York 14850
rick@friendsofstewartpark.org
607-592-4647
SIGNED:
CITY OF ITHACA
By: ______________________________________ Date: ________________________
Print Name: ________________________________
Title: _____________________________________
FRIENDS OF STEWART PARK, INC.
By: ________________________________________ Date: _________________________
Print Name: _________________________________
Title: _______________________________________
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3.City Administration, Human Resources, and Policy
.5 Opposition to Proposed 2018 Federal Government Budget
WHEREAS, President Trump’s Budget Blueprint for 2018 has proposed to move $54 billion from
human and environmental spending at home and abroad to military spendingi, bringing military
spending to well over 60% of federal discretionary spendingii; and
WHEREAS, the federal budget proposed by President Trump would eliminate or drastically reduce
funding for programs that provide critically important assistance to Ithaca’s low income residents,
including, but not limited to, "Meals On Wheels" for seniors, transit, and affordable housing; and
WHEREAS, polling has found a majority of the American public favors reducing military spendingiii;
and
WHEREAS, part of helping alleviate the refugee crisis should be ending, not escalating, wars that create
refugeesiv; and
WHEREAS, President Trump himself admits that the enormous military spending of the past 16 years
has been disastrous and made us less safe, not saferv; and
WHEREAS, a fraction of the proposed military budget could provide free, top-quality education from
pre-school through collegevi, end hunger and starvation on Earthvii, convert the U.S. to clean energyviii,
provide clean drinking water everywhere it’s needed on the planetix, build fast trains between all major
U.S. citiesx, and double non-military U.S. foreign aid rather than cutting itxi; and
WHEREAS, 121 retired U.S. generals have written a letter opposing cutting foreign aidxii; and
WHEREAS, a December 2014 Gallup poll of 65 nations found that the United States was far and away
the country considered the largest threat to peace in the worldxiii; and
WHEREAS, a United States responsible for providing clean drinking water, schools, medicine, and
solar panels to others would be more secure and face far less hostility around the world; and
WHEREAS, our environmental and human needs are desperate and urgent; and
WHEREAS, the military is itself the greatest consumer of petroleum we havexiv; and
WHEREAS, economists at the University of Massachusetts at Amherst have documented that military
spending is an economic drain rather than an effective jobs programxv; now, therefore be it
RESOLVED, That the City of Ithaca urges U.S. Representative Thomas Reed, and U.S. Senators
Charles Schumer and Kirsten Gillibrand to move our tax dollars in exactly the opposite direction
proposed by the President, from militarism to human and environmental needs.
i “Trump to Seek $54 Billion Increase in Military Spending,” The New York Times, February 27, 2017,
https://www.nytimes.com/2017/02//us/politics/trump-budget-military.html
ii This does not include another 6% for 27the discretionary portion of veterans’ care. For a breakdown of discretionary spending in the 2015 budget from
the National Priorities Project, see https://www.nationalpriorities.org/campaigns/military-spending-united-states
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iii http://vop.org/wp-content/uploads/2016/03/Defense_Budget_Report.pdf
iv “43 Million People Kicked Out of Their Homes,” World Beyond War, http://worldbeyondwar.org/43-million-people-kicked-homes / “Europe’s Refugee
Crisis Was Made in America,” The Nation, https://www.thenation.com/article/europes-refugee-crisis-was-made-in-america
v On February 27, 2017, Trump said, “Almost 17 years of fighting in the Middle East . . . $6 trillion we’ve spent in the Middle East . . . and we’re nowhere,
actually if you think about it we’re less than nowhere, the Middle East is far worse than it was 16, 17 years ago, there’s not even a contest . . . we have a
hornet’s nest . . . .”
http://www.realclearpolitics.com/video/2017/02/27/trump_we_spent_6_trillion_in_middle_east_and_we_are_less_than_nowhere_far_worse_than_16_
years_ago.html
vi “Free College: We Can Afford It,” The Washington Post, May 1, 2012, https://www.washingtonpost.com/opinions/free-college-we-can-afford-
it/2012/05/01/gIQAeFeltT_story.html
vii “The World Only Needs 30 Billion Dollars a Year to Eradicate the Scourge of Hunger,” Food and Agriculture Organization of the United Nations,
http://www.fao.org/newsroom/en/news/2008/1000853/index.html
viii “Clean Energy Transition Is A $25 Trillion Free Lunch,” Clean Technica, https://cleantechnica.com/2015/11/03/clean-energy-transition-is-a-25-trillion-
free-lunch / See also: http://www.solutionaryrail.org
ix “Clean Water for a Healthy World,” UN Environment Program, http://www.unwater.org/wwd10/downloads/WWD2010_LOWRES_BROCHURE_EN.pdf
x “Cost of High Speed Rail in China One Third Lower than in Other Countries,” The World Bank, http://www.worldbank.org/en/news/press-
release/2014/07/10/cost-of-high-speed-rail-in-china-one-third-lower-than-in-other-countries
xi Non-military U.S. foreign aid is approximately $25 billion, meaning that President Trump would need to cut it by over 200% to find the $54 billion he
proposes to add to military spending
xii Letter to Congressional leaders, February 27, 2017, http://www.usglc.org/downloads/2017/02/FY18_International_Affairs_Budget_House_Senate.pdf
xiii http://www.wingia.com/en/services/about_the_end_of_year_survey/global_results/7/33
xiv “Fight Climate Change, Not Wars,” Naomi Klein, http://www.naomiklein.org/articles/2009/12/fight-climate-change-not-wars
xv “The U.S. Employment Effects of Military and Domestic Spending Priorities: 2011 Update,” Political Economy Research Institute,
https://www.peri.umass.edu/publication/item/449-the-u-s-employment-effects-of-military-and-domestic-spending-priorities-2011-update
April 19th, 2017
Dear Ithaca City Council Members,
We request that the Ithaca City Common Council and Mayor Svante Myrick join a national
campaign of US cities passing resolutions to oppose the $54 billion increase Trump has
proposed in military spending. We, of the Ithaca Catholic Workers, are reaching out to many
Ithaca communities of faith and organizations so that our Mayor and the Common Council can
pass a City of Ithaca resolution with a broad base of support.
We are asking that 2 city council members and their committees sponsor this resolution (see
below) which needs passing by early June, before the 85th National Conference of Mayors
meeting in Miami, on June 19-22.
The additional 10% increase in military spending would mean 60% of our taxes would go to
weapons and war. As you well know, it would come at the expense of massive cuts to the EPA,
education, humanitarian aid, and human services, cuts in programs such as meals-on-wheels
and after school programs. It would mean the production of more drones, more Cruise missiles,
more military hardware, and more death. We want Ithacans to join others speaking out against
this injustice.
The cities of New Haven, CT, Charlottesville, VA, and Montgomery County, MD, have
already passed city resolutions opposing the Trump budget’s moving of money from everything
else to the military, urging that money be moved back to the needs of our communities.
With your help, Ithaca can do the same.
We thank you in advance for your speedy response in support of this national resolution. See
below the national joint organizational statement opposing the $54 billion.
The Ithaca Catholic Worker
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Ordinance No. 2017-__
An ordinance adding Chapter 8, “Advisory Commissions,” to the City of Ithaca Municipal
Code.
WHEREAS in 2011, the City of Ithaca contracted with an outside consulting firm to
evaluate the city’s organizational structure as it relates to performance measurement
and efficiencies; and
WHEREAS in February of 2012, the Common Council convened at a retreat to look at
the report’s recommendations in greater depth and develop and prioritize a work plan ;
and
WHEREAS one of the report’s recommendations regarding the Board of Public Works
was expanded to consider a comprehensive analysis of all boards and committees and
was assigned to the now-defunct Government Performance and Accountability
Committee; and
WHEREAS on May 4, 2016, the Common Council unanimously passed a resolution
establishing a Boards and Committees Restructuring Working Group (the “Working
Group”) to gather input from existing boards and committees, and the public, on
possible models for restructuring, and to propose to the City Administration Committee
a realigned structure for the City’s boards and committees; and
WHEREAS the Working Group has engaged in diligent analysis, received input from the
existing boards and committees and public, and developed a new advisory commission
structure as set forth in this Ordinance; and now, therefore
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Findings of Fact.
The Common Council makes the following findings of fact:
1.The current boards and committees organizational structure is confusing to the
public and challenging for citizens to understand how to participate.
2.The Comprehensive Plan includes the following public participation goals, which
will be better realized by the Advisory Commission structure herein adopted :
a.All members of the community will know of and have opportunities to
participate in governing and decision-making processes of interest to
them.
b.The City’s active outreach to the community will support high-quality public
participation.
c.All members of the community will feel confident that their voices will be
taken seriously and given respect in City decision-making processes that
are important to them.
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d. All members of the community will know how to access information about
decisions being made and what information is informing those decisions,
and all this information will be easily accessible to the public
3. As a result of limited City staff resources coupled with a large number of boards
and committees, many boards and committees lack regular administrative and
support staff, limiting their effectiveness.
4. Many issues that come before Common Council lack a corresponding board or
committee to vet the issues, gather public input, and develop recommendations
for Common Council.
5. Under the current boards and committees structure, there is overlap between
several boards and committees causing inefficiencies, waste d resources, and
breakdowns in communication. The practice of appointing liaisons from one
board or committee to another only partially addresses these breakdowns.
6. The recruitment, application, and appointment process necessary to fill all
positions in the current boards and committees structure is cumbersome, time
consuming, and leads to long vacancies on the boards and committees.
7. It is, therefore, desirous to create four “umbrella” Advisory Commissions with
[twenty-eight or thirty-six] appointed voting members that will replace twelve
existing boards, commissions, and committees.
Section 2. Creation of Chapter 8, “Advisory Commissions.”
The City of Ithaca Municipal Code is hereby amended to add a new Chapter 8, entitled
“Advisory Commissions.” Such Chapter shall read as follows:
Chapter 8 – Advisory Commissions
Article I – Purpose, Establishment, and General Provisions
§ 8-1. Purpose.
The purpose of this Chapter is to establish Advisory Commissions that shall provide
the City of Ithaca, City of Ithaca Common Council and committees thereof, and the
City of Ithaca’s quasi-judicial boards with research, public input, and analysis and
other assistance as necessary in the subject areas impacting the City of Ithaca to
which each Advisory Commission is tasked.
§ 8-2. Establishment.
The Common Council of the City Ithaca hereby establishes the Public Safety and
Information Commission; Community and Sustainability Commission; Mobility and
Transportation Commission; and Parks, Recreation, and Natural Resources
Commission. These Commissions shall be collectively known as the Advisory
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Commissions. The Advisory Commissions serve the City of Ithaca, the City of Ithaca
Common Council and committees thereof, and the City of Ithaca’s quasi-judicial
boards. The Advisory Commissions serve solely in an advisory capacity and, absent
approval of the Common Council, may take no action binding the City, its officers, or
employees.
§ 8-3. Duties.
The general duties of the Advisory Commissions, in additio n to those specific duties
of each Advisory Commission set forth in this Chapter, are as follows:
A. To draft and update as necessary a work plan in consultation with the
Advisory Commission’s Common Council liaisons and City staff designees.
B. To draft and vote on advisory resolutions or summary statements on matters
before the Common Council, committees thereof, or the City’s quasi -judicial
boards.
C. To receive public input on, and facilitate public discussion of, matters before
Common Council, committees thereof, or the City’s quasi-judicial boards.
D. To conduct research on matters before the Common Council, committees
thereof, or the City’s quasi-judicial boards.
E. To research and make recommendations regarding City processes and
policies.
F. To hold regular meetings as set forth in this Article.
G. To maintain records of proceedings and file annual reports with Common
Council as set forth in this Article.
§ 8-4. Membership.
A. Membership and appointment. Each Advisory Commission shall consist of
[seven or nine] voting members who shall be appointed as follows:
(1) Voting members. Each Advisory Commission shall have [seven or nine]
voting members, comprised of one Chairperson and [six or eight]
Commissioners.
(2) Chairperson. The Mayor, with approval of the Common Coun cil, shall
appoint one voting Chairperson to each Advisory
Commission. The Chairperson shall preside over the Advisory
Commission and set the Advisory Commission’s meeting agendas in
consultation with designated City staff and the Common Council liaisons.
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(3) Commissioners. The Mayor, with approval of the Common Council, shall
appoint [six or eight] voting Commissioners to each Advisory Commission.
(4) Common Council liaisons. The Mayor shall appoint two non-voting
Common Council liaisons to each Advisory Commission, neither of which
should, if feasible, be the committee chair for any standing committee of
the Common Council.
(5) Subject matter experts. Each Advisory Commission may appoint up to ten
non-voting subject matter experts who have expertise in one or more
subject matter areas addressed by the Advisory Commission. Any such
appointed expert shall serve as a resource to the Advisory Commission
and may participate in meetings, subcommittees, or working groups in
their discussion of agenda items as to which the appointed expert has
expertise to offer.
B. Residency.
(1) No more than that number of voting members that is one less than a
majority of the full voting membership of each Advisory Commission may
reside outside the City of Ithaca.
(2) The Chairperson must reside in the City of Ithaca.
C. Terms of office. Terms of office for the voting members of the Advisory
Commissions shall be two years, except that of the initial appointments, [three
or four] shall expire on December 31, 2018 and [four or five] shall expire on
December 31, 2019.
D. Vacancies. Vacancies on the Advisory Commissions shall be filled in the
same manner as the original appointment, except that a vacancy occurring
other than by expiration of term of office shall be filled only for the remainder
of the unexpired term. Applications to fill the vacancy of an expiring term that
have been submitted by October 31 of the year in which the term expires, or
on such other date as the Common Council may deem appropriate, shall be
considered for appointment to the subsequent term. In the event that a
vacancy arises for reasons other than the expiration of the term, applications
to fill the vacancy that have been submitted by April 30 shall be considered
for appointment to the vacancy effective no later than July 1 and applications
that have been submitted by October 31 shall be considered for appointment
to the vacancy effective no later than January 1 of the following year.
§ 8-5. Meetings.
Each Advisory Commission shall hold regular meetings once each month. Each
Advisory Commission’s Chairperson, or at least three Commissioners, may call
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special meetings as required to conduct the business of the Advisory Commission.
All regular and special meetings of the Commission shall be open to the public.
§ 8-6. Agenda.
All meetings of the Advisory Commissions shall have an agenda which shall be
available to the public before the meeting.
§ 8-7. Quorum.
The Advisory Commissions shall not act without the presence of a quorum, which
shall be [four or five] voting members.
§ 8-8. Records and annual report.
A. Each Advisory Commission shall keep a record, which shall be open to the
public view, of its resolutions, proceedings and actions. The vote or failure to
vote of each voting member shall be recorded. The concurring affirmative
vote of a majority of the full voting membership shall constitute approval of the
adoption of any resolution, motion or other action of the Advisory
Commission.
B. The Advisory Commission shall submit an annual report of its activities to the
Mayor and Common Council.
§ 8-9. Promulgation of rules and procedures.
A. The Common Council may by resolution adopt such rules and procedures of
the Advisory Commissions as required to conduct the business of the
Advisory Commissions and which are not inconsistent with the provisions of
this Chapter.
B. Each Advisory Commission, with approval of Common Council, may adopt
supplemental rules and procedures as required to conduct its business, which
are not inconsistent with the provisions of this Chapter, and which are not
inconsistent with all other rules and procedures applicable to the Advisory
Commission adopted by the Common Council.
Article II – Public Safety and Information Commission
§ 8-10. Purpose.
The purpose of the Public Safety and Information Commission is to provide the
Common Council, appropriate committees thereof, the City’s quasi-judicial boards,
and City staff with advisory research, public input, and analysis for matters related to
the Ithaca Fire Department, Ithaca Police Department, emergency preparedness,
public information and communication, drug abuse, gorge safety, the Ithaca
Commons, noise, and special events.
§ 8-11. Duties.
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The duties of the Public Safety and Information Commission shall include, as
needed, the following:
A. To advise on issues related to policing, fire protection, emergency response.
B. To advise on emergency preparedness plans, documents, and policies.
C. To advise on issues of public access to information and City communication
with the public.
D. To advise on issues related to substance abuse.
E. To advise on issues related to gorge safety.
F. To advise on issues related to the use, maintenance, and design of the Ithaca
Commons so as to promote the general welfare and beneficial public use of
the Ithaca Commons.
G. To advise on issues of public health, peace, welfare, and good order with
respect to noise and the regulation of noise under Chapter 240 of the City
Code.
H. To advise on issues related to special events, assemblies, and parades in the
City of Ithaca, including such events considered in Chapter 132 of the City
Code.
I. To serve as a means of engaging in community outreach and receiving
community input on the above-described subject matter.
Article III – Community and Sustainability Commission
§ 8-12. Purpose.
The purpose of the Community and Sustainability Commission is to provide the
Common Council, appropriate committees thereof, the City’s quasi-judicial boards,
and City staff with advisory research, public input, and analysis for matters related to
community livability, arts and culture, diversity, community youth and youth
development, seniors and aging, refugees and immigrants, college students,
LGBTQIA+ issues, housing, sustainability, food and food systems, and
environmental remediation.
§ 8-13. Duties.
The duties of the Community and Sustainability Commission shall include, as
needed, the following:
A. To advise on issues related to art and public art in Ithaca, including public art
displays, programs, and exhibitions.
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B. To advise on issues related to rental housing, including the accessibility,
affordability, and quality of rental housing, tenant’s rights, and such other
matters considered by Chapter 258 of the City Code.
C. To advise on issues relevant to Ithaca’s youth and youth development,
including rendering such advice and assistance to the Ithaca Youth Bureau
regarding its operation and programs.
D. To advise on issues impacting Ithaca’s most vulnerable communities,
including refugee, immigrant, and elderly communities.
E. To advise on issues related to the college and graduate student populations
of local institutions of higher education including Cornell University, Ithaca
College, and Tompkins Cortland Community College.
F. To advise on issues of concern to Ithaca’s lesbian, gay, bi-sexual,
transgender, and queer communities, including fostering a sense of inclusion
for all persons regardless of gender or sexual orientation.
G. To advise on issues relevant to diversity and the importance of diversity in
Ithaca, including fostering a sense of inclusion for all persons regardless of
race, ethnicity, or national origin.
H. To advise on issues of sustainability, food and food systems, and
environmental remediation.
I. To serve as a means of engaging in community outreach and receiving
community input on the above-described subject matter.
Article IV – Mobility and Transportation Commission
§ 8-14. Purpose.
The purpose of the Mobility and Transportation Commission is to provide the
Common Council, appropriate committees thereof, the City’s quasi-judicial boards,
and City staff with advisory research, public input, and analysis for matters related to
mobility and transportation, including but not limited to bicycles, pedestrians,
sidewalks, parking, traffic calming and management, public transit, multiuse trails,
taxis, and accessibility for persons with disabilities.
§ 8-15. Duties.
The duties of the Mobility and Transportation Commission shall include, as needed,
the following:
A. To advise on issues related to bicycle and pedestrian access and
infrastructure.
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B. To advise on issues related to obstacles to equal rights, access, and
privileges of persons with disabilities.
C. To advise on issues related to parking, parking garages, residential parking
permits, traffic calming, and traffic management.
D. To advise on issues related to all forms of public transit within, into, and from
the City of Ithaca and the surrounding area.
E. To advise on issues related to sidewalks, sidewalk maintenance, the sidewalk
improvement districts, and multiuse trails.
F. To advise on issues related to taxi, limousine, and livery services and all other
forms of private vehicular transportation for hire.
G. To serve as a means of engaging in community outreach and receiving
community input on the above-described subject matter.
§ 8-16. Common Council Liaison.
One of the two Common Council Liaisons to the Mobility and Transportation
Commission, as set forth in Article I of this Chapter, must also be a Common Council
liaison to the Board of Public Works.
Article V – Parks, Recreation, and Natural Resources Commission
§ 8-17. Purpose.
The purpose of the Parks, Recreation, and Natural Resources Commission is to
provide the Common Council, appropriate committees thereof, the City’s quasi-
judicial boards, and City staff with advisory research, public input, and analysis for
matters related to parks, recreation, natural areas, trees, waterways and waterfront,
boating, docks, the City of Ithaca Cemetery, and the Newman Municipal Golf
Course.
§ 8-18. Duties.
The duties of the Parks, Recreation, and Natural Resources Commission shall
include, as needed, the following:
A. To advise on issues affecting the City of Ithaca’s parks and open spaces,
including the City of Ithaca Cemetery and the Newman Municipal Golf
Course, and on the public use of, and access to, such parks and open spaces
for recreation and other purposes.
B. To advise on issues related to the conservation of the designated Natural
Areas of the City of Ithaca set forth in Chapter 114 of the City Code, the
9
public use of such areas, and education about the importance and fragility of
such areas.
C. To advise on issues related to trees and shrubs, and the maintenance
thereof, in the City of Ithaca, including the provisions of Chapter 306 of the
City of Ithaca Municipal Code.
D. To advise on issues related to the City of Ithaca’s waterways and waterfront,
marinas, docks, boats, and boating.
E. To advise on issues affecting the preservation, development, and use of the
natural and physical features and conditions of the City of Ithaca so as to
enhance the long-range value of the environment to the people of the City.
F. To advise the Planning and Development Board or City staff on
environmental assessments and environmental impact statements required
under Chapter 176 of the City Code for proposed actions.
G. To serve as a means of engaging in community outreach and receiving
community input on the above-described subject matter.
Section 3. Amendments to City Code Repealing Certain Advisory Bodies.
The City of Ithaca Municipal Code is hereby amended to repeal code provisions
establishing advisory bodies to the City that are replaced by the new Commissions set
forth in new Chapter 8.
(a) The following Chapters of the City Code are repealed in their entirety:
Chapter 5, “Public Art Commission”
Chapter 12, “Bicycle/Pedestrian Advisory Council”
Chapter 22, “Circle Greenway Commission”
Chapter 45, “Disability Advisory Council”
Chapter 86, “Parks Commission”
Chapter 100, “Rental Housing Advisory Commission”
Chapter 112, “Shade Tree Advisory Committee”
Chapter 113, “Natural Areas Commission”
(b) The following Sections of the City Code are repealed in their entirety:
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Chapter 157, Section 4, “Creation of Board; responsibilities.”
Chapter 4, Section 21, “Advisory Council.”
(c) The following Sections of the City Code are amended as follows:
Chapter 157, Section 3, “Definitions.” The definition for “Commons Advisory Board”
is removed:
Commons Advisory Board
That board, duly appointed by the Mayor, with approval of the Common
Council, charged with various activities and/or powers relating to the Ithaca
Commons by the Common Council.
Section 5. Additional Amendments to the City Code.
To reflect the new Advisory Commissions set forth in new Chapter 8, the City Code is
further amended to repeal or amend any now-mooted reference to superseded advisory
bodies. Such amendments shall read as follows:
(a) Chapter 90, Section 11 is amended as follows:
Employment prohibited in department which reports to relative’s board.
Relatives of members of appointed boards shall not be employed within a
department which is responsible to that board, i.e., Board of Public Works, Board of
Police Commissioners, Board of Fire Commissioners or Planning and Development
Board, or Board of Zoning Appeals.
(b) Chapter 114, Section 3 is amended as follows:
Natural AreasParks, Recreation, and Natural Resources Commission.
The Natural AreasParks, Recreation, and Natural Resources Commission shall
be the advisory body to the Board of Public Works (and Common Council, when
appropriate) that shall coordinate city and public concerns about the natural areas.
The purposes, duties and membership of the Commission are set forth in further
detail in Chapter 113, Natural Areas Commission, of this Code.
(c) Chapter 114, Subsection 4(B) is amended as follo ws:
Except for necessary emergency repairs to the water supply system at Six Mile
Creek and routine maintenance of existing facilities, no significant, permanent
changes shall be made in the natural areas without prior approval from the Board of
Public Works or the Common Council, acting after soliciting the advice of the Natural
AreasParks, Recreation, and Natural Resources Commission. “Routine
maintenance” refers to work carried out on a regular basis and according to
standardized, general procedures set forth in the “ecologically-informed guidelines”
described in § 114-5 of this chapter.
11
(d) Chapter 114, Subsection 4(C) is amended as follows:
In the event that physical change to or change in the use of any property adjacent to
or within 100 feet of a designated natural area is proposed and requires
nonministerial City approval of any type, the Natural AreasParks, Recreation, and
Natural Resources Commission shall be notified in writing, as soon as is practical,
by the involved City board or department, and shall be notified, in advance, when
action may be taken on the proposal or if the nature or substance of the proposal
changes.
(e) Chapter 114, Section 5 is amended as follows:
Maintenance.
Ecologically-informed general guidelines for Department of Public Works
maintenance activities within the natural areas shall be promulgated and updated as
necessary by the Department of Public Works, in consultation with the Natural
AreasParks, Recreation, and Natural Resources Commission, and subject to the
approval of the Board of Public Works.
(f) Chapter 114, Section 6 is amended as follows:
Restoration.
Any significant disruption of a natural area by the city shall be restored to as natural
or compatible a state as practical, on the basis of a restoration plan promulgated
with the advice of the Natural AreasParks, Recreation, and Natural Resources
Commission. If the Department of Public Works and the Natural AreasParks,
Recreation, and Natural Resources Commission cannot agree on the plan, the
Board of Public Works shall make a final determination.
(g) Chapter 114, Section 8 is amended as follows:
Ranger(s).
The position of Natural Area Ranger is hereby established to advise users of
regulations governing the natural areas and to demonstrate the city's intention to
protect said areas and enforce the regulations. The Ranger(s) shall be provided with
adequate equipment to communicate readily with law enforcement agencies. The
Ranger(s) shall work under the direction of the Superintendent of Public WorksChief
of Police and shall consult regularly with the Natural AreasPublic Safety and
Information Commission.
(h) Chapter 157, Subsection 5(A) is amended as follows:
Permit classes. Commons use permits will be required for all events, activities,
displays, exhibits, commercial sales and other uses of the Commons. Such use
12
permits will be issued in accordance with the provisions of this section. General
classes of permits that will be referred to the Superintendent or the Commons
Advisory BoardBoard of Public Works include:
(i) Chapter 157, Subsection 5(B) is amended as follows:
Permit Issuance
(1) All requests for permits must be submitted to the Superintendent's office. The
Superintendent may ask for additional information and/or request a personal
appearance before the Commons Advisory BoardBoard of Public Works to
present the details of a permit application.
(2) Review of permit requests shall include scheduling of specific time, duration, and
location of the proposed use or activity. It may also include any special conditions
or restrictions that should be placed on the permit. Permits will be approved by
the Superintendent for a specific activity, specific date, specific time period, and
specific location on the Commons.
(3) The Commons Advisory BoardBoard of Public Works shall serve as an appeals
board for people whose permit applications have been denied or who feel that
unreasonable restrictions have been placed upon their permit.
(4) When a request is approved or conditionally approved by the BoardBoard of
Public Works, the issuance of a permit will be authorized subject to any
conditions which have been imposed by the BoardBoard of Public Works or
which may be required by the City. Permits will be issued by the Superintendent.
The applicant will be notified of the Board’sBoard of Public Works’ decision
within five business days after a decision has been rendered.
(5) Any permit which has been reviewed and approved by either the Superintendent
or the Commons Advisory BoardBoard of Public Works may be revoked or
amended if it is determined that the activity for which the permit was issued is not
being carried out in a manner that meets the terms of the permit.
(6) If a request for a permit is denied by the BoardBoard of Public Works, the
applicant will be informed of the reasons therefor, in writing, within five business
days of the decision.
(7) The Superintendent will be responsible for notifying appropriate City staff of
permit issuance.
(8) A record of all BoardBoard of Public Works actions will be maintained pursuant
to applicable laws.
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(j) Chapter 157, Subsection 5(C) is amended as follows:
Report of permit activity. A report on requests for permits and approved activities
scheduled will be made at the regular meeting of the Commons Advisory
BoardBoard of Public Works.
(k) Chapter 157, Subsection 6(A)(6) is amended as follows:
Comply with all of the applicable conditions and guidelines as set forth by the
Commons Advisory Board and the City of Ithaca.
(l) Chapter 157, Subsection 6(A)(7) is amended as follows:
Provide a security deposit, when required by the Superintendent of Public Works, or
the Commons Advisory Board, to cover anticipated cleaning and repair costs.
(m) Chapter 157, Subsection 7(A)(3) is amended as follows:
Requests for multiple permitted events (three or more) in a calendar year by a single
user requires approval by the Commons Advisory BoardBoard of Public Works.
Requests for weekly recurring events will be considered by the Commons Advisory
BoardBoard of Public Works for Mondays, Tuesdays, and Wednesdays.
(n) Chapter 157, Subsection 7(A)(7) is amended as follows:
Sale of merchandise on the sidewalks or public thoroughfares on the
Primary/Secondary Commons shall not be permitted without a valid permit, except
that the sale of event-specific items and items related to, and being sold by, a not-
for-profit organization, or a business located on the Primary/Secondary Commons,
shall be allowed pursuant to approval and permit by the Superintendent and/or
Commons Advisory BoardBoard of Public Works.
(o) Chapter 157, Subsection 7(A)(13) is amended as follows:
Overnight sleeping on the Commons is prohibited except upon approval of a permit
by the Commons Advisory BoardBoard of Public Works.
(p) Chapter 157, Section 8 is amended as follows:
Amplified sound, lights and other electrical equipment.
A. Except by special permit issued by the Commons Advisory BoardBoard of
Public Works or its designee, no person shall operate or cause to be operated
on the Ithaca Commons any boom box, tape recorder, radio or other device for
electronic sound amplification in a loud, annoying or offensive manner such that
noise from the device interferes with conversation or with the comfort, repose,
14
health or safety of others. Refer to City of Ithaca Municipal Code Chapter 240,
entitled “Noise,” for further information.
B. Except by special permit issued by the Commons Advisory BoardBoard of
Public Works or its designee, no person shall operate or cause to be operated
any boom box, stereo system, tape recorder, radio or other device from on or
inside any building on the Ithaca Commons, the sound from which is directed
outside towards the pedestrian area.
C. The provisions of Subsections A and B above shall not apply to emergency
warning devices, sirens, alarms or other devices being used solely for public
safety purposes.
D. Amplified sound may be used between 11:00 a.m. and 2:00 p.m. Monday
through Friday and 5:00 p.m. and 9:00 p.m. Sunday through Thursday. On
Friday, amplified sound is allowed from 5:00 p.m. to 10:00 p.m. and on Saturday,
amplified sound is allowed from 10:00 a.m. to 10:00 p.m. Performers are required
to schedule 20 minutes of quiet time for every hour of amplified sound. Approval
of a noise permit by the Commons Advisory BoardBoard of Public Works or its
designee is required. Sound levels are subject to immediate volume reduction
upon request by any City official, staff member of the Downtown Ithaca Alliance,
or member of the Commons Advisory BoardBoard of Public Works. Requests
to extend the hours of amplified sound may be made to the Commons Advisory
BoardBoard of Public Works.
E. The use of supplemental lighting, movie and slide projectors and any other type
of electrical equipment or display will be carefully reviewed by the
Superintendent, City Electrician, and the Commons Advisory BoardBoard of
Public Works so as to minimize nuisance or hazard conditions.
(q) Chapter 157, Subsection 12(D) is amended as follows:
The permit shall not be transferable and is revocable at any time should the permit
holder fail to comply fully with the terms of the permit. The permit shall be valid for
the duration of the owner's lease or ownership of premises on the Commons or for a
period of one year, whichever is shorter. The permit shall be renewable annually
upon application to the Superintendent. The permit fee shall be set by the Commons
Advisory BoardBoard of Public Works. No more than two permits shall be issued
for each residential or commercial unit. In the case of a business that requires the
presence of animals to perform the function of the business, one permit shall cover
the business and all of its customers. In addition, a valid New York State dog license
is required, and must be presented at the time of application for the permit.
(r) Chapter 157, Subsection 12(E) is amended as follows:
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The Commons Advisory BoardBoard of Public Works shall review each application
for a business permit and shall grant such permit upon the following conditions:
(s) Chapter 157, Section 14 is amended as follows:
Newsracks.
The Downtown Ithaca Alliance shall administer the placement of newsracks on the
Commons. Requests to use the newsracks will be considered in accordance with the
policy approved by the Commons Advisory BoardBoard of Public Works.
(t) Chapter 157, Section 19 is amended as follows:
Fees.
Permit and use fees will be established by the Commons Advisory BoardBoard of
Public Works in consultation with the Board of Public Works. Fees may be waived
or reduced by the Commons Advisory BoardBoard of Public Works if deemed in
the best interest of the community. All fees shall be paid at the time the permit is
issued.
(u) Chapter 157, Subsection 20(A) is amended as follows:
Street performers and acoustical musicians may perform on the Commons between
10:00 a.m. and 9:00 p.m. Sunday through Thursday and 10:00 a.m. and 10:00 p.m.
on Friday and Saturday. All street performers shall locate along the edge of the fire
lane and must remain mobile at all times in case emergency vehicles require access
to the area. Performance equipment and materials may not be left unattended.
Street performers must move to a different location every 45 minutes. The
Commons Advisory BoardBoard of Public Works reserves the right to designate
specific areas for street performers.
(v) Chapter 157, Subsection 20(B) is amended as follows:
The use of amplified sound or fire during a performance is only allowed by permit
from the Commons Advisory BoardBoard of Public Works. Loud-natured
acoustical instruments such as horns, drums and other percussion instruments
require a noise permit from the Commons Advisory BoardBoard of Public Works.
Performers are responsible for monitoring and controlling the volume of sound they
make and must reduce the volume upon the request of the Ithaca Police
Department, City staff, Downtown Ithaca Alliance staff, or a member of the
Commons Advisory BoardBoard of Public Works.
(w) Chapter 157, Subsection 21(B)(12) is amended as follows:
If the agreement is terminated for cause, the agreement period shall end
immediately, and no refunds will be issued. Notice of proposed suspension or
16
revocation of an agreement for outdoor dining shall be given in writing, setting forth
specifically the grounds of the complaint. The applicant shall have a right to a
hearing in front of the Commons Advisory BoardBoard of Public Works on the
proposed revocation or suspension.
(x) Chapter 157, Subsection 21(B)(13) is amended as follows:
The Commons Advisory BoardBoard of Public Works shall have the right to
terminate or reinstate the agreement. Such decision shall become effective
immediately.
(y) Chapter 157, Subsection 21(D) is amended as follows:
Appeals for denied agreements. Any person or group that has been denied an
agreement for outdoor dining on the Ithaca Commons may appeal such decision to
the Commons Advisory BoardBoard of Public Works. Such appeal shall be
submitted, in writing, to the Superintendent's office within 10 days from the date of
denial. The Commons Advisory BoardBoard of Public Works may act to sustain
the original decision or to revise it, with or without conditions.
(z) Chapter 157, Subsection 22(C)(7) is amended as follows:
Lighting: lighting can be used for preparing and serving food and illuminating a
menu. Decorative lighting is not permitted unless approved by the Commons
Advisory BoardBoard of Public Works. Lighting not approved by the Commons
Advisory BoardBoard of Public Works must be removed immediately.
(aa) Chapter 157, Subsection 22(C)(14) is amended as follows:
Tables: no freestanding tables. Built in, folding-down tables attached to the actual
vendor cart are acceptable, provided they have been approved by the Commons
Advisory BoardBoard of Public Works.
(bb) Chapter 157, Section 23 is amended as follows:
Mobile vending locations.
The Commons Advisory BoardBoard of Public Works is authorized to determine
appropriate locations where vending shall take place. The Superintendent's office
shall maintain and make available to the public a map of approved vending
locations.
(cc) Chapter 157, Section 24 is amended as follows:
Hours of operation.
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Operating hours for mobile vending carts are between 10:00 a.m. and 1 0:00 p.m.
Carts must be removed from the Primary Commons between the hours of 10:00
p.m. and 9:00 a.m. Vendors who wish to operate outside regular hours must obtain
permission from the Commons Advisory BoardBoard of Public Works.
(dd) Chapter 157, Subsection 25(A) is amended as follows:
The Superintendent may issue agreements for mobile vending on the Primary
Commons pursuant to the Mobile Vending Map, which is approved by the Commons
Advisory BoardBoard of Public Works annually. The Superintendent may refuse to
issue an agreement:
(ee) Chapter 157, Subsection 27(C) is amended as follows:
Vending hours are from 10:00 a.m. to 10:00 p.m. unless special permission is
granted by the Commons Advisory BoardBoard of Public Works.
(ff) Chapter 157, Subsection 27(F) is amended as follows:
All vendors must maintain the submitted list of items for sale and prices throughout
the agreement period unless special permission is granted by the Superintendent or
the Commons Advisory BoardBoard of Public Works.
(gg) Chapter 157, Subsection 28(B) is amended as follows:
If the agreement is terminated for cause, the agreement period shall end
immediately, and no refunds will be issued. Notice of proposed suspension or
revocation of an agreement for mobile vending shall be given in writing, setting forth
specifically the grounds of the complaint. The vendor shall have a right to a hearing
on the proposed revocation or suspension before the Commons Advisory
BoardBoard of Public Works no sooner than 10 days after requesting such a
hearing, in writing. Grounds for termination include, but are not limited to:
(hh) Chapter 157, Subsection 28(C) is amended as follows:
The Commons Advisory BoardBoard of Public Works shall have the right to
terminate or reinstate the agreement. Such decision shall become effective
immediately.
(ii) Chapter 157, Section 31 is amended as follows:
Appeals for denied agreements.
Any person or group that has been denied an agreement to vend on the Commons
may appeal such decision to the Commons Advisory BoardBoard of Public Works.
Such appeal shall be submitted in writing to the Superintendent's office within 10
18
days from the date of denial. The Commons Advisory BoardBoard of Public Works
may act to sustain the original decision or to revise it, with or without conditions.
(jj) Chapter 157, Section 32 is amended as follows:
Limited waivers and exceptions.
The Commons Advisory BoardBoard of Public Works is authorized to grant limited
waivers and exceptions to the provisions of this chapte r, as appropriate and for
temporary periods not to exceed one week in duration. Such waivers and exceptions
shall be subject to any appropriate review by the Superintendent, the Fire
Department or the Police Department.
(kk) Chapter 170, Subsection 5(A) is amended as follows:
The authority to grant approval for a permit for a use located on the primary or
secondary Ithaca Commons (for outdoor dining, mobile vending, events, exhibits,
freestanding signs and temporary planters) is and shall be vested in th e Commons
Advisory BoardBoard of Public Works or its designee, subject to the provisions of
Chapter 157, Commons, of this Code.
(ll) Chapter 170, Subsection 6(C) is amended as follows:
The placement of public art upon City-owned property is regulated by Chapter 58,
Article III, Public ArtCommunity and Sustainability Commission, of this Code,
rather than by this chapter.
(mm) Chapter 170, Subsection 12(A)(1) is amended as follows:
For property that is part of the Ithaca Commons: the Commons Advisory
BoardBoard of Public Works, pursuant to Chapter 157 of this Code;
(nn) Chapter 170, Subsection 12(B) is amended as follows:
Factors to be considered. In considering whether to grant such approval, the
Commons Advisory BoardBoard of Public Works or the Superintendent may, in
their discretion, consult with other appropriate City officials and boards, and shall
consider the following factors:
(oo) Chapter 176, Subsection 3(J) is amended as follows:
The City of Ithaca Conservation Advisory CouncilParks, Recreation, and Natural
Resources Commission has no specific responsibility for implementing the
Environmental Quality Review Ordinance, except that its input and assistance shall
be solicited for all actions for which a short or long environmental assessment form
19
has been prepared and for all action for which a positive declaration is made or a
draft environmental impact statement is prepared.
(pp) Chapter 176, Subsection 6(A)(4)(d) is amended as follows:
Any City agency receiving or filling out an environmental assessment form shall,
within five days, provide a copy of the document to the Chairperson of the
Conservation Advisory CouncilParks, Recreation, and Natural Resources
Commission and to the Common Council liaisons to the Conservation Advisory
CouncilParks, Recreation, and Natural Resources Commission for their
comments and recommendations.
(qq) Chapter 181, Subsection 3(C)(1) is amended as follows:
An annual fee shall be assessed to each premises which has a master fire alarm
box which interconnects the building fire alarm system with the municipal fire alarm
system. This fee shall be the reasonable and expected costs associated with the
maintenance of the municipal fire alarm system, as developed through the program
budget accounting system. This cost will be divided by the number of master fire
alarm boxes connected to the system, as documented by the Fire Chief. The fee for
a master box connection shall be calculated each year and approved by the Board
of Fire CommissionersFire Chief. Upon approval, the Fire Chief shall send notices
of such charge and the locations of each master box to the City Chamberlain, but
not sooner than March 1 of each year.
(rr) Chapter 181, Subsection 3(B)(3) is amended as follows:
The Board of Fire Commissioners of the CityCommon Council shall have the power
to make such additional rules, regulations, conditions and restrictions not
inconsistent herewith as it may deem proper and desirable.
(ss) Chapter 215, Section 8 is amended as follows:
Fire departments; fire companies and volunteer fire associations.
It shall be an unlawful discriminatory practice for any fire department or fire
company therein, through any member or members thereof, officers, board of fire
commissioners or other body or office having power of appointment of volunteer
firefighters, directly or indirectly, by ritualistic practice, constitutional or bylaw
prescription, by tacit agreement among its members, or otherwise, to deny to any
individual membership in any volunteer fire department or fire company therein, or
to expel or discriminate against any volunteer member of a fire department or fire
company therein, based on the actual or perceived age; creed; color; disability;
ethnicity; familial status; gender; height; immigration or citizenship status; marital
status; national origin; race; religion; sexual orientation; socioeconomic status; or
weight of such individual.
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(tt) The definition for “Decorative Banner,” set forth in Chapter 272, Section 3 , is
amended as follows:
DECORATIVE BANNER
Cloth banners designed for long-term use that are not intended to act as signage to
advertise a specific business or the sale of a specific product. Decorative banners
may, however, contain sponsor tags, if they are part of a formally approved program
by the Public ArtCommunity and Sustainability Commission.
(uu) Chapter 272, Subsection 6(A)(6)(b) is amended as follows:
Upon receipt of a proposal for a mural for any property subject to the provisions of
Chapter 160, Design Review, or Chapter 325, Zoning, Article VIII, Courthouse
Special Use Zone, or Chapter 228, Landmarks Preservation, of this Code, or facing
such property, the Director of Planning and Development or designee shall notify the
Planning and Development Board, the Public ArtCommunity and Sustainability
Commission, and/or the Landmarks Commission, as applicable, for their information
and any appropriate action and shall so inform the applicant.
(vv) Chapter 272, Subsection 8(B) is amended as follows:
Exemptions. Temporary signs advertising an event fo r less than 10 days are exempt
from the permit requirement, provided that the sign be removed immediately
following the event. Signs temporarily advertising the sale, lease or rental of the
premises upon which the sign is located, temporary political poste rs, and signs
denoting the architects, engineers and/or contractors placed on premises where
construction, repair or renovation is in progress are also exempt from the permit
requirement, as provided in § 272-6 above. Decorative cloth banners designed for
long-term use, reviewed by the Public ArtCommunity and Sustainability
Commission and as approved by the Building Department, are exempt from the
permit time period. However, should the banner become damaged or severely worn,
it must be removed immediately.
(ww) Chapter 276, Subsection 3(B)(1) is amended as follows:
The Director shall have the authority to review and act on a development proposal if
the proposed project meets the description in § 276-3A but is below the thresholds
described below. For such projects of limited scope, reviewed by the Director, a
public hearing is not required. The Planning and Development Department shall be
the lead agency in the environmental review of such projects, except for projects that
meet the description in § 276-3A(2), which shall follow environmental review laws or
regulations for determination of lead agency. There shall be no requisite review of
the environmental assessment forms (EAF) by the Conservation Advisory Council
(CAC)Parks, Recreation, and Natural Resources Commission in these cases.
21
See § 276-5C for situations when projects of limited scope will be referred to the
Board for a full review. The upper thresholds for projects of limited scope are:
(xx) Chapter 276, Subsection 7(B)(4) is amended as follows:
For projects on City property, the City Forester and the Shade Tree Advisory
CommitteeParks, Recreation, and Natural Resources Commission shall be
consulted in plant species selection and planting soil specification.
(yy) Chapter 306, Section 1 is amended as follows:
Purpose.
This chapter regulates the planting, maintenance, protection and removal of trees
and shrubs on public streets, parks and other city-owned property; provides for a
Shade Tree Advisory Committee; and establishes the office of a City Forester in the
Department of Public Works. This chapter also provides for the issuing of permits for
the planting, maintenance, protection and removal of trees and shrubs in city-owned
places.
(zz) Chapter 306, Subsection 4(B) is amended as follows:
The City Forester, in consultation with the Shade Tree Advisory Committee
(STAC)Parks, Recreation, and Natural Resources Commission and the Board of
Public Works, shall have the authority to implement and enforce the provisions of
this chapter.
(aaa) Chapter 306, Subsection 4(C) is amended as follows:
In furtherance of the purposes of this chapter, the Board of Public Works, in
consultation with the City Forester and the STACParks, Recreation, and Natural
Resources Commission, shall have the authority to adopt rules and regulations
regarding arboricultural specifications and standards of practice and such additional
rules and regulations as the Board determines are necessary. These regulations
shall govern the planting, maintenance, removal, fertilization, pruning and protection
of trees and shrubs on public streets, parks or other city property.
(bbb) Chapter 306, Subsection 5(F) is amended as follows:
Requests from private citizens that new street trees be planted near their property
shall be accommodated in accordance with planting priorities set by the City
Forester in consultation with the STACParks, Recreation, and Natural Resources
Commission and the Board of Public Works.
(ccc) Chapter 320, Subsection 1(B)(6) is amended as follows:
22
Ecologically informed guidelines for Department of Public Works maintenance
activities within the Six Mile Creek Natural Area shall be promulgated by the
Department of Public Works, in consultation with the Six Mile Creek Advisory
Committee, Circle Greenway, the Parks Commission and the Conservation Advisory
CouncilParks, Recreation, and Natural Resources Commission, and subject to
the approval of the Board of Public Works.
(ddd) Chapter 320, Subsection 4(B) is amended as follows:
The Board of Public Works is authorized to grant specific, revocable exceptions to
any of the above prohibitions, upon consultation with the Natural Areas
CommissionParks, Recreation, and Natural Resources Commission and a
finding of special circumstances. When granting such an exception, the Board shall
retain the right of the city to impose reasonable conditions intended to protect public
safety, the water supply system or the natural environment or to control the city's
potential liability.
(eee) Chapter 320, Section 5 is amended as follows:
Ranger(s).
The position of Natural Area Ranger is hereby established to advise users of
regulations governing the natural areas and to demonstrate the city's intention to
protect said areas and enforce the regulations. The Ranger(s) shall be provided with
adequate equipment to communicate readily with law enforcement agencies. The
Ranger(s) shall work under the direction of the Superintendent of Public WorksChief
of Police and shall consult regularly with the Natural AreasPublic Safety and
Information Commission.
(fff) Chapter 325, Subsection 46(C)(3)(b)[2][b] is amended as follows:
Concept memo. The Planning Committee directs the Planning and Development
staff to draft a memorandum explaining the concept of the p roposed zoning change.
The memorandum is referred to the Planning and Development Board, the four
Advisory Commissions of the City, Conservation Advisory Council , the City
Attorney, the City Engineer, the Director of Planning and Development, and other
relevant boards, commissions, or City departments, for review and comment.
(ggg) Chapter 325, Subsection 46(C)(3)(b)[2][d] is amended as follows:
Amendment first draft. The Planning Committee directs the Planning and
Development staff in conjunction with the City Attorney to draft the proposed
change. Environmental review is initiated. If possible, the Planning Committee
Chairperson reviews the draft. The draft, edited by the Chairperson, is circulated to
the Attorney, the Department of Planning, Building and Economic Development, the
Engineering Department, the Conservation Advisory CouncilParks, Recreation, and
23
Natural Resources Commission, the Planning and Development Board and other
relevant boards, commissions or City departments.
Section 6. Severability Clause.
Severability is intended throughout and within the provisions of this Ordinance. If any
section, subsection, sentence, clause, phrase, or portion of this Ordinance is held to be
invalid or unconstitutional by a court of competent jurisdiction, then that decision shall
not affect the validity of the remaining portions of this Ordinance.
Section 7. Effective Date.
This ordinance shall take effect immediately and in accordance with law upon
publication of notices as provided in the Ithaca City Charter, but only after the filing of
Local Law ___-2017 in the office of the Secretary of State, after th at Local Law’s
approval by the electorate at referendum, but at no time earlier than January 1, 2018.
1
Local Law No. __-2017
A local law entitled “Amendment of the City Charter and Code to Reflect New Advisory
Commissions Established by Companion Ordinance.”
WHEREAS in 2011, the City of Ithaca contracted with an outside consulting firm to
evaluate the city’s organizational structure as it relates to performance measurement
and efficiencies; and
WHEREAS in February of 2012, the Common Council convened at a retreat to look at
the report’s recommendations in greater depth and develop and prioritize a work plan ;
and
WHEREAS one of the report’s recommendations regarding the Board of Public Works
was expanded to consider a comprehensive analysis of all boards and committe es and
was assigned to the now-defunct Government Performance and Accountability
Committee; and
WHEREAS on May 4, 2016, the Common Council unanimously passed a resolution
establishing a Boards and Committees Restructuring Working Group (the “Working
Group”) to gather input from existing boards and committees, and the public, on
possible models for restructuring, and to propose to the City Administration Committee
a realigned structure for the City’s boards and committees; and
WHEREAS the Working Group has engaged in diligent analysis, received input from the
existing boards and committees and public, and developed a new advisory commission
structure as set forth in Ordinance No. 2017-__, a companion ordinance to this local
law, creating Chapter 8, “Advisory Commissions,” in the City Code; and
WHEREAS portions of the City Charter and Code must be amended by Local Law to
reflect the new Advisory Commissions; now, therefore
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Legislative Findings, Intent, and Purpose.
The Common Council makes the following findings of fact:
1.The current boards and committees organizational structure is confusing to the
public and challenging for citizens to understand how to participate.
2.The Comprehensive Plan includes the following public participation goals, which
will be better realized by the new Advisory Commission structure to be adopted
by separate ordinance:
a)All members of the community will know of and have opportunities to
participate in governing and decision-making processes of interest to
them.
2
b)The City’s active outreach to the community will support high-quality public
participation.
c)All members of the community will feel confident that their voices will be
taken seriously and given respect in City decision-making processes that
are important to them.
d)All members of the community will know how to access information about
decisions being made and what information is informing those decisions,
and all this information will be easily accessible to the public
3.As a result of limited City staff resources coupled with a large number of boards
and committees, many boards and committees lack regular administrative and
support staff, limiting their effectiveness.
4.Many issues that come before Common Council lack a corresponding board or
committee to vet the issues, gather public input, and develop recommendations
for Common Council.
5.Under the current boards and committees structure, there is overlap between
several boards and committees causing inefficiencies, wasted resources, and
breakdowns in communication. The practice of appointing liaisons from one
board or committee to another only partially addresses these breakdowns.
6.The recruitment, application, and appointment process necessary to fill all
positions in the current boards and committees structure is cumbersome, time
consuming, and leads to long vacancies on the boards and committees.
7.Chapter 8, “Advisory Commissions,” is, therefore, to be added to the City Code to
create four “umbrella” Advisory Commissions with [twenty-eight or thirty-six]
appointed voting members that will replace twelve existing boards, commissions,
and committees.
Based upon the above findings, the intent and purpose of this Local Law is to amend
the Charter and City Code to recognize the new Advisory Commissions. Specifically,
this Local Law repeals those portions of the Charter and Code that created the Board of
Fire Commissioners and Conservation Advisory Council, each to be replaced by the
Advisory Commissions created by Ordinance 2017-__, and amends additional
provisions of the Charter or Code that are impacted by the establishment of the
Advisory Commissions.
Section 2. Charter Amendments.
To reflect the creation of Chapter 8 of the City of Ithaca Municipal Code established in
Ordinance 2017-__, and the Advisory Commissions set forth therein, the City of Ithaca
Charter requires various amendments.
(a) Subsection C-5(C)(1) of the Charter is amended as follows:
3
Members of boards, councils and commissions: the six Commissioners of the Board
of Public Works, the [seven or nine] members of the Public Safety and
Information Commission, the [seven or nine] members of the Community and
Sustainability Commission, the [seven or nine] members of the Mobility and
Transportation Commission, the [seven or nine] members of the Parks,
Recreation, and Natural Resources Commission, the 10 members of the
Workforce Diversity Advisory Committee, the eleven members of the Bicycle
Pedestrian Advisory Council, the three members of the Building Code Board of
Appeals, the five Commissioners of the Board of Fire Commissioners, the five
members of the Board of Zoning Appeals, the three members of the Civil S ervice
Commission, the 11 members of the Commons Advisory Board, the nine members
of the Community Police Board, the nine members of the Conservation Advisory
Council, the five members of the Design Review Board, the 12 members of the
Disability Advisory Council, the three members of the Examining Board of
Electricians, the three members of the Examining Board of Plumbers, the five
members of the Housing Board of Review, the five members of the Ithaca Housing
Authority, the seven members of the Ithaca Landmarks Preservation Commission,
the five members of the Ithaca Urban Renewal Agency, the nine members of the
Parks Commission, the seven members of the Planning and Development Board,
the nine members of the Rental Housing Advisory Commission, the six or more
members of the Shade Tree Advisory Committee, the 10 members of the Natural
Areas Commission, the five members of Pegasys Access Oversight Committee, the
seven members of the Public Art Commission, and the nine members of the Youth
Bureau Board, all of whom shall be appointed by the Mayor in accordance with the
provisions of the Charter or the ordinances or resolutions which create such boards,
commissions or councils.
(b) Subsection C-23(B) of the Charter is amended as follows:
Prior to payment of any bill, claim or demand against the City, the Board of Fire
Commissioners, the Board of Public Works or the Common Council, as the case
may be, shall certify that the materials, supplies or equipment have been received
according to purchase order or that the work, labor or service has been rendered
according to order or contract.
(c) Article VI of the Charter, Sections C-93 - C-99, is amended as follows:
§ C-93 Fire Department. All such persons as are now or shall hereafter be members
of any fire company now organized in the City of Ithaca or which may hereafter be
organized by the Board of Fire Commissioners herein provided shall be and
continue a body corporate by the name of the "Ithaca Fire Department," and such
corporation, through its Board of Fire Commissioners the Common Council of the
City of Ithaca, is authorized to purchase, receive by gift or otherwise hold and
convey real and personal property for the use of said corporation; provided,
however, that the title of all real property shall be vested in the name of the City of
4
Ithaca and the purchase or conveyance of any real property shall be subject to the
approval of the Common Council of said City.
§ C-94 Membership, terms and compensation of Board. There shall be a Board of
Fire Commissioners, consisting of five Commissioners appointed by the Mayor and
confirmed by the Common Council. At least three of these Commissioners shall be
residents of the City of Ithaca. The remaining Fire Commissioners may be residents
of either the City of Ithaca or the Town of Ithaca in Tompkins County, New York. The
term of office of a Fire Commissioner shall be three years, commencing on the first
day of July, two Commissioners to be appointed in each of two successive years
and one Commissioner to be appointed in the third year. Such appointments shall be
made at a meeting of the Common Council held in June of each year. A
Commissioner shall hold office until the Commissioner's successor shall have been
chosen and qualified. A vacancy for an unexpired term may be filled in the manner
provided in this Charter. Permanent removal from the municipality of appointment, or
other cause to be determined by the Common Council, rendering impossible the
proper discharge of the Commissioner's duties as a Commissioner shall create a
vacancy.
§ C-95 Organization and meetings of Board. At their first meeting in July, the Fire
Commissioners shall organize as a Board by electing one of their number as
Chairperson and another as Vice Chairperson, and by the appointment of a Clerk
and such other officers and employees as authorized for the ensuing year. The
Board shall hold such stated and special meetings at such times as the Board may
determine, but at least once in each month. Three members of the Board shall
constitute a quorum.
§ C-964 Powers and duties of Board the Common Council relevant to the Fire
Department. It shall be its duty and said Board of Fire CommissionersThe
Common Council of the City of Ithaca, or its designee, shall have power:
A. To assume control and management of all apparatus, fire alarm systems,
equipment, appliances, supplies, buildings and employees exclusively in the Fire
Department service.
B. To organize new companies and to disband any Department company, subject to
the approval of the Common Council; to admit new members and to transfer
members, upon application and certification of company officers, from one
company to another; and to try, reprimand, suspend or expel any member or
officer of any company for cause.
C. To authorize and direct the payment of bills and accounts incurred by it and to
make such rules and regulations in regards to the auditing and payment of such
bills and accounts and for the payment of all amounts payable out of the moneys
appropriated to the use of the Board as it may deem necessary and proper, and
the same shall be paid by the City Chamberlain. The Board shall file monthly with
the Common Council a detailed statement of all bills and expenses paid, together
5
with the original vouchers therefor, and shall ren der to the Common Council at
such other times as may be required either by the Mayor or by the Common
Council an itemized statement of all its receipts and disbursements properly
classified and showing the balance on hand at the beginning and at the close of
the period covered; and at the close of each fiscal year, it shall submit an annual
statement showing by suitable summaries the expenses and income of the
Department. Whenever requested by either the Mayor or the Common Council,
the Board shall also furnish any additional information in regard to its work or the
cost thereof.
D. To submit to the Common Council, on or before the first day of May in each year,
an estimate of the amount of money necessary to cover the expenses of
maintenance of the Department, including all salaries and wages, equipment and
supplies and for the maintenance, heating, lighting and ordinary repairs of
buildings.
E. To make and promulgate from time to time such rules, regulations and bylaws as
it may deem necessary and expedient for the government and discipline of the
Department not inconsistent with this Charter or the ordinances of the City of
Ithaca or of the laws or Constitution of this state or of the United States.
FA. To be trustees of all moneys now constituting the Active Firemen's Relief Fund,
together with 1/2 of all moneys that may hereafter be received by the City of
Ithaca as a Fire Department tax on premiums on policies of foreign and alien fire
insurance companies pursuant to §§ 9104 and 9105 of the Insurance Law
(except the amount payable under the provisions of such law to the Firemen's
Association of the State of New York), together with any other moneys, gifts or
property whatsoever acquired for relief or benefit purposes, to be accumulated as
a relief fund for sick, indigent or disabled fire fighters, with power to draw upon
such fund for temporary relief and benefits only, as the Common Council shall
determine. Said moneys shall not be used for any other purposes, except that
the BoardCommon Council may, at any time, distribute such Fire Department
tax moneys so received equally among each of the volunteer fire companies of
the City for the use and benefit of the Ithaca Fire Department and the company
or companies comprising the same so long as the balance of said relief fund
shall be at least the sum of $90,000. Said BoardCommon Council shall have full
power and authority to invest such funds in any investments legal for trust funds
under the laws of the State of New York. At the close of each fiscal year and at
such other times as the Common Council shall require, said Board of Fire
Commissioners, as such trustees, shall submit to the Common Council a detailed
accounting of such fund. The City Chamberlain shall have authority to
disburse such monies over which Common Council acts as Trustee.
GB. To be trustees of all moneys now constituting the Veteran Volunteer Firemen's
Relief Fund and to pay the interest thereon to the Veteran Volunteer Firemen's
Association of Ithaca annually. The City Chamberlain shall have authority to
disburse such monies over which Common Council acts as Trustee.
6
(1) Said Board Common Council is further authorized to pay from the
principal of such fund from time to time such amounts as it may deem
necessary or desirable for the relief of any sick, indigent or disabled
member of the Veteran Volunteer Firemen's Association of Ithaca, but the
total amount so paid to any one member shall not exceed the sum of
$200. Such expenditures from principal shall be made, however, only
upon the written recommendation of the Board of Trustees and President
of said Association. Said Veteran Volunteer Firemen's Association of
Ithaca is hereby authorized to adopt any further regulation or restriction
relating to the expenditure of the principal of such fund not inconsistent
herewith as it may deem desirable for the preservation of the fund and for
the purpose of limiting properly the amount to be withdrawn and the use
thereof.
(2) Said Board of Fire Commissioners Common Council shall also pay to the
Veteran Volunteer Firemen's Association of Ithaca on March 1 and
September 1 of each year 1/2 of all moneys received by the City of Ithaca
pursuant to the provisions of § 9104 of the Insurance Law of the State of
New York as a Fire Department Tax on premiums on p olicies on foreign
and alien fire insurance companies, except the amount payable under the
provisions of such law to the Firemen's Association of the State of New
York. Said Board Common Council shall have full power and authority to
invest such funds in any investments legal for trust funds under the laws of
the State of New York.
(3) At the close of each fiscal year and at such other times as the Common
Council shall require, said Board of Fire Commissioners and said Veteran
Volunteer Firemen's Association of Ithaca, New York, shall submit to the
Common Council a detailed accounting of such fund.
H To divide the employees of the Fire Department into platoons and prescribe the
tours of duty for said employees. Such tours of duty shall be in accordance with §
1015 of the Unconsolidated Laws, except that, in the event of conflagrations or
riots or other emergencies, said employees shall remain on duty, subject to the
orders of their superiors, and shall receive an extra allowance based on their
salary if they are required to perform their duties during such period of
emergency at a time when they usually would be off duty or receive
compensatory time off as provided in § 1015 of the Unconsolidated Laws.
C-97 Limitation of expenditures. Said Board of Fire Commissioners shall in no year
expend a sum or incur any indebtedness in excess of the amounts appropriated by
the Common Council for the use of said Fire Department and the amounts made
available pursuant to the Local Finance Law, and such Commissioners shall be
personally liable for any expenditure or indebtedness incurred In excess of such
appropriations.
C-98 (Reserved)
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C-99 Student bunkers; workers' compensation. The Board of Fire Commissioners of
the City of Ithaca is hereby authorized to contract with student bunkers at the various
fire stations so that said bunkers will be covered by Workers' Compensation
pursuant to § 3, Article 1, Subdivision 1, Group 19, and § 50 of the Workers'
Compensation Law of the State of New York, and such Workers' Compensation
coverage is hereby extended to said student bunkers.
Section 3. Code Amendments.
To reflect the creation Chapter 8 of the City of Ithaca Municipal Code established in
Ordinance 2017-__, and the Advisory Commissions set forth therein, the following
provisions of the City Code are hereby repealed in their entirety:
Chapter 31, “Conservation Advisory Council.”
Section 4. 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 5. Mandatory Referendum and Effective Date.
This Local Law shall be submitted to a referendum at the next feasible general election.
This Local Law shall take effect upon the filing of the Local Law in the office of the
Secretary of State, after approval by the electorate at referendum, but at no time earlier
than January 1, 2018.
.4 Finance, Budget, and Appropriations
.1 Controller – Approval of Bonds
BOND RESOLUTION
(NORTH AURORA STREET BRIDGE REPLACEMENT)
At a regular meeting of the Common Council of the City of Ithaca, Tompkins County,
New York, held at the Common Council Chambers, City Hall, in Ithaca, New York, in said City,
on the 6th day of June, 2017, at ________ o’clock P.M., Prevailing Time.
The meeting was called to order by _______________________________________, and
upon roll being called, the following were
PRESENT:
ABSENT:
The following resolution was offered by Councilman ________________________, who
moved its adoption, seconded by Councilman ____________________________, to-wit:
BOND RESOLUTION DATED JUNE 6, 2017.
A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL
$1,178,000 BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY,
NEW YORK, TO PAY PART OF THE COST OF THE DESIGN AND
REPLACEMENT OF THE NORTH AURORA STREET BRIDGE OVER
CASCADILLA CREEK PROJECT IN AND FOR SAID CITY.
WHEREAS, the capital project hereinafter described has been determined to be a Type II
Action pursuant to the regulations of the New York State Department of Environmental
Conservation promulgated pursuant to the State Environmental Quality Review Act, the
implementation of which as proposed, such regulations provide will not result in any significant
adverse effect; and
WHEREAS, it is now desired to authorize additional bonds for the financing thereof,
NOW, THEREFORE,
BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total
voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as
follows:
Section 1. For the specific object or purpose of paying part of the cost of the design
and construction of the replacement of the North Aurora Street Bridge over Cascadilla Creek
Project in and for the City of Ithaca, Tompkins County, New York, including incidental
improvements and expenses in connection therewith, there are hereby authorized to be issued an
additional $1,178,000 bonds pursuant to the provisions of the Local Finance Law, which specific
object or purpose is hereby authorized at a new maximum estimated cost of $1,392,000.
Section 2. The plan for the financing of such $1,392,000 maximum estimated cost is
as follows:
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a) By the issuance of the $214,000 bonds of said City heretofore authorized to be
issued therefor pursuant to a bond resolution dated January 6, 2016; and
b) By the issuance of the additional $1,178,000 bonds of said City herein authorized;
provided, however, that the amount of obligations ultimately to be issued will be
reduced by any State and/or Federal grants-in-aid to be received by said City for
said purpose.
Section 3. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is twenty years, pursuant to subdivision 10 of paragraph a of
Section 11.00 of the Local Finance Law, computed from February 19, 2016, the date of the first
bond anticipation note issued therefor pursuant to the aforesaid bond resolution dated January 6,
2016. Section 1(i) of said bond resolution is hereby amended to increase the period of probable
usefulness to that stated herein.
Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York,
are hereby irrevocably pledged for the payment of the principal of and interest on such
obligations as the same respectively become due and payable. An annual appropriation shall be
made in each year sufficient to pay the principal of and interest on such obligations becoming
due and payable in such year. There shall annually be levied on all the taxable real property of
said City, a tax sufficient to pay the principal of and interest on such obligations as the same
become due and payable.
Section 5. Such bonds shall be in fully registered form and shall be signed in the
name of the City of Ithaca, Tompkins County, New York, by the manual or facsimile signature of
the City Controller and a facsimile of its corporate seal shall be imprinted or impressed thereon
and may be attested by the manual or facsimile signature of the City Clerk.
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Section 6. The powers and duties of advertising such bonds for sale, conducting the
sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise
such bonds for sale, conduct the sale, and award the bonds in such manner as the City Controller
shall deem best for the interests of the City.
Section 7. All other matters, except as provided herein relating to such bonds,
including determining whether to issue such bonds having substantially level or declining debt
service and all matters related thereto, prescribing whether manual or facsimile signatures shall
appear on said bonds, prescribing the method for the recording of ownership of said bonds,
appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of
said bonds (and if said bonds are to be executed in the name of the City by the facsimile
signature of the City Controller, providing for the manual countersignature of a fiscal agent or of
a designated official of the City), the date, denominations, maturities and interest payment dates,
place or places of payment, and also including the consolidation with other issues, shall be
determined by the City Controller. It is hereby determined that it is to the financial advantage of
the City not to impose and collect from registered owners of such serial bonds any charges for
mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and,
accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges
shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of
validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in
such form and contain such recitals in addition to those required by section 52.00 of the Local
Finance Law, as the City Controller shall determine.
Section 8. The validity of such bonds and bond anticipation notes may be contested
only if:
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1) Such obligations are authorized for an object or purpose for which said City is not
authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of
this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days after
the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 9. This resolution shall constitute a statement of official intent for purposes
of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies
are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set
aside with respect to the permanent funding of the object or purpose described herein.
Section 10. This resolution, which takes effect immediately, shall be published in
summary form in the Ithaca Journal, the official newspaper, together with a notice of the City
Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.
"An Equal Opportunity Employer with a commitment to workforce diversification."
CITY OF ITHACA
108 East Green Street, Ithaca, New York 14850-5690
Office of City Controller
Telephone: 607 / 274-6576 Fax: 607 / 274-6415
M E M O R A N D U M
TO: City Administration Committee
FROM: Steve Thayer, City Controller
RE: Bond Resolution Request, CA Meeting, May 17, 2017
DATE: May 11, 2017
The City normally borrows funds twice a year, namely in February and July.
This request is to approve the authorization of Capital Projects approved by Common Council since
our last authorization in December 2016. The projects needed for authorization include projects
approved since January 2017 and any previously authorized projects not yet included in a bond
resolution. All projects are issued on a cash flow need basis, meaning, that the funds will be issued
over the next six months as cash is needed for the projects.
Attached you will find the projects needed for authorization in the amount of $1,178,000. My
concerns related to the City’s heavy debt load continue. While we are not in the red flag danger
area, we need to find ways to reduce the high amount of debt we currently have. We are in the 70%
to 75% of expended debt limit area. At 90% of debt limit exhausted, the red flags are raised. Going
forward, the high annual debt service costs will restrict the use of City funds on other areas. By law,
we are required to pay our debt first. We did make a little reduction in our debt load over the last
year. Our current debt outstanding, including this issue, is $129,730,883. While $61,427,365 of our
outstanding debt is related to water, sewer or wastewater and is exempt from debt limit, we still have
a significant amount of general outstanding debt, $68,303,518. It’s important to note that some of
our debt is borrowed upfront and will be later repaid from state and federal sources. The amount of
reimbursement for federal and state aid will range from $5,000,000 to $8,000,000.
We have not received the resolutions from the bonding attorney, but we will send them out and soon
as they are available in May.
The total issuance for late July will be $200,000, plus renewal of the Bond Anticipation Notes
(BANs) coming due. Of the new money, all $200,000 is needed for General Fund purposes.
Interest rates are starting to rise since our last issue in February. Our interest rate in February was
1.1%. The market is currently in a somewhat volatile condition, and the economy remains uncertain
at this time. We expect to borrow funds through BANs at interest rates between 1% and 2%. The
investment rate we are able to retain is lower and is currently around .13%. We will continue to look
at the possibility of going long-term with some of our debt, as long-term rates are still favorable at
this time, around the 4% mark. Issuing funds now will allow us to take advantage of the lower
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RE: Bond Resolution Request, CA Meeting, May 17, 2017
DATE: May 11, 2017
interest rates. We will be re-rated as part of our debt issuance and there is always a possibility of a
lower rating which would increase our interest rates for the future.
Interest rates are low for short-term borrowing with a bond rating of Aa or better. Our current bond
rating is AA2 as rated by Moody’s Investor Services. This rate is two rates below a top AAA rating.
Our rate of Aa2 is still a solid investment grade rating. While the interest rate market is still
favorable for borrowing, you must be able to afford it. We expect at some point these interest rates
will start to increase more significantly. This increase will translate into higher debt interest rate
costs for us and put even more strain on our budgets.