HomeMy WebLinkAbout11-19-18 City Administration Committee AgendaOut of consideration for the health of other individuals, please refrain from using perfume/cologne and other scented
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CITY ADMINISTRATION
COMMMITTEE
AGENDA ITEMS
Item Voting
Item?
Presenter(s)Time
Allotted
Chair, Deb Mohlenhoff
1. Call to Order
1.1 Agenda Review
1.2 Review and Approval of Minutes
Approval of October 2018 Minutes
1.3 Statements from the Public
1.4 Council’s Response
No
Yes
*Note: We will review the number
of cards received at the beginning
of each meeting and adjust time if
needed.
15
Mins*
2. Consent
2.1 DPW –Amendment to Personnel Roster
2.2 Finance –Authorization to Cover Red Accounts
2.3 Finance –Amend 2018 Budget Various Unanticipated
Revenue and Related Expenses
Yes 5 Mins
3. Finance, Budget and Appropriations
3.1 PB D – CP for Cascadilla Creek Dredging
3.2 PB D – Cornell’s North Campus Residential
Expansion (NCRE)
3.3 DPW –CP for Stewart Park PlayJround
3.4 DPW –Transfer of Title –Linn Street
3.5 PD – Amendment to 2018 Authorized Budget
3.6 DPW –IAWWTP Grit Removal Project
Yes
Yes
Yes
Yes
Yes
Yes
Lisa Nicholas, Dep Dir PB D
Lisa Nicholas, Dep Dir PB D
Tim Logue, Dir of Engineering
Tim Logue, Dir of Engineering
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10 Mins
10 Mins
10 Mins
10 Mins
10 Mins
5 Mins
4. City Administration, Human Resources and Policy
4.1 Repeal City Charter C-94
4.2 Executive Session to 'iscuss (mployment +istory
Yes
No
Ari Lavine, Attorney 5 Mins
15 Mins
5. Budget Process All 5 Mins
6. Meeting Wrap-Up
6.1 Announcements
6.2 Next Meeting Date: December 19, 2018
6.3 Review Agenda Items for Next Meeting
6.4 Adjourn
No All 5 Mins
If you have a disability that will require special arrangements to be made for you to fully participate in the meeting, please
contact the City Clerk at 274-6570 at least 48 hours before the meeting.
Date: November 19, 2018
Time: 6:00 PM
Location: Common Council Chambers, 3rd
Floor, City Hall
CA Agenda - 11/19/18
2. Consent
.1 DPW – Parking Division – Amendment to Personnel Roster
WHEREAS, under the previous Director of Parking, two Parking Lot Attendant positions were
converted to Buildings and Grounds Maintenance Worker positions and moved to the Commons Crew
to serve as a weekend and evenings Commons Crew shift from 1:00 PM to 9:30 PM, and
WHEREAS, this crew was assigned routine cleaning and maintenance tasks on the Commons that
included emptying trash receptacles, handling of tables and chairs, cleaning out drainage facilities,
picking up trash, and other miscellaneous tasks, and
WHEREAS, many of the duties assigned to the weekend and evening Commons Crew overlap with
DIA Ambassador shifts and duties and are therefore redundant, and
WHEREAS, the funding for these positions would be more effectively utilized by strengthening the
daytime Commons Crew so that needed infrastructure repairs can be accomplished, and by expanding
the customer service capabilities of the parking garage staff, and
WHEREAS, DIA has agreed to assume routine trash pickup and cleaning duties during evenings and
weekends as a part of the existing Memorandum of Understanding between the City of Ithaca and
DIA, at no extra cost; now, therefore be it
RESOLVED, That the Personnel Roster of the Parking Division of the Department of Public Works be
amended as follows:
Re-fund: One (1) Working Supervisor – Parking, Building and Grounds
Add: One (1) Parking Lot Attendant
Delete: Two (2) Building and Grounds Maintenance Workers
and be it further
RESOLVED, That the above changes shall be funded within the existing budget.
CA Agenda - 11/19/18
2. Consent
.2 Finance –Authorization to Cover Red Accounts
RESOLVED,That the City Controller be empowered to make transfers within the 208 Budget
appropriations, as needed, for the remainder of the 2018 Fiscal Year.
CA Agenda - 11/19/18
2. Consent
.3 Finance/City Controller Request to Amend 2018 Budget to Account for Various
Unanticipated Revenue and Related Expenses
WHEREAS, during 2018, City of Ithaca departments have received revenue from various
unanticipated sources including reimbursements, insurance recoveries and donations that need to be
accounted for in the 2018 budget, and
WHEREAS, the reimbursement totals of $12,877 as follows:
Reimbursements $7,801
Insurance Recovery $4,101
Donations $975
; now, therefore be it
RESOLVED, That Common Council hereby amends the 2018 authorized budget as follows to account
for said receipts and related expenditures of funds:
Increase Revenue Accounts:
A3120-2655 Police Minor Sales $800
A3120-2680 Police – Insurance Recovery $1,768
A3410-2260 Fire – Public Safety Services $3,151
A3410-2705 Fire – Insurance Recovery $2,333
A7111-1710 Forestry – Public Work Services $3,850
A7111-2680 Forestry – Insurance Recovery $975
$12,877
Increase Appropriations Accounts:
A3120-5476-5001 Police – Equipment Maintenance $647
A3120-5477-5001 Police – Equipment Parts $1,921
A3410-5110-12200 Fire – Staff Salaries $3,151
A3410-5476-12250 Fire – Equipment Parts $2,333
A7111-5125 Forestry OT $750
A7111-5483 Forestry Construction Supplies $375
A7111-5485 Forestry Trees $3,700
$12,877
CA Agenda - 11/19/18
3. Finance, Budget and Appropriations
.1 PB D - Establishment of Capital Project for Cascadilla Creek Dredging and Installation of
a Sediment Trap
WHEREAS, the City of Ithaca is pursuing a project to mechanically dredge Cascadilla Creek between
the confluence with Cayuga Inlet and the pedestrian bridge adjacent to New York State Route 13 (N.
Meadow Street) and to install a sediment trap within the channelized segment of the creek that can be
accessed by City forces on a permitted basis to remove captured sediments, and
WHEREAS, the Project is funded by a $2,000,000 allocation from the New York State Capital
Assistance Program (NYSCAP) through the sponsorship of State Assemblywoman Barbara Lifton, and
WHEREAS, this a 100% reimbursable program with no local match; now therefore be it
RESOLVED,That the City Administration Committee does hereby authorize the creation of Capital
Project #853 for Cascadilla Creek Dredging and Installation of a Sediment Trap in the amount not to
exceed $2,000,000, and be it further
RESOLVED,That funds for said Capital Project shall be derived from the issuance of Serial Bonds
with a later 100% reimbursement from the New York State Capital Assistance Program Aid.
TO: City Administration Committee
FROM: Lisa Nicholas, Deputy Director of Planning
DATE: November 9, 2018
RE: Request to Establish a Capital Project for Cascadilla Creek Dredging and Installation of
a Sediment Trap
In response to notable sediment deposition that impairs boat navigation and fosters winter ice jams, the
City of Ithaca is pursuing the mechanical dredging of Cascadilla Creek between the confluence with Cayuga
Inlet and the pedestrian bridge adjacent to New York State Route 13 (N. Meadow Street). The length of
the creek corridor to be impacted is approximately 1,700 feet and between 12,000 – 18,000 cubic yards
of sediment may be dredged to restore navigation and minimize winter ice jam formations. The sediment
will be temporarily placed on an adjacent site for drying and subsequently removed. To minimize the
future deposition of these coarse aggregates in the dredged channel, the City is also proposing the
installation of a sediment trap within the channelized segment of the creek that can be accessed by City
forces on a permitted basis to remove captured sediments.
The project will last three to six months (including hauling of the sediments) and is scheduled to begin in
late 2019/early 2020.
The Project is funded by a $2,000,000 allocation from the New York State Capital Assistance Program
(NYSCAP) through the sponsorship of State Assemblywoman Barbara Lifton.
In preparation to receive the funding, I am requesting the creation of a capital project for the project in
the amount of $2,000,000. This a 100% reimbursable program with no local match.
Please contact me if you should need more information or have questions lnichola@cityofithaca.org .
Thank you for your consideration of this request.
CITY OF ITHACA
108 E. Green St. —Third Floor Ithaca, NY 14850-5690
JoAnn Cornish, Director
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
Planning & Development –607-274-6550 Community Development/IURA –607-274-6565
E-Mail: dgrunder@cityofithaca.org
CA Agenda - 11/19/18
3. Finance, Budget and Appropriations
.2 PB D - Authorization of Funds for Outside Legal Services for the Environmental Review of
Cornell’s North Campus Residential Expansion (NCRE)
WHEREAS, the Planning Division is requesting funds not to exceed $20,000 to retain Adam Walters
of Phillips Lytle LLP, to provide legal counsel to the Planning and Development Board pertaining to
the environmental review of Cornell’s NCRE Project, and
WHEREAS, Cornell submitted a site plan review application for NCRE to the City of Ithaca Planning
and Development Board in July of 2018. The project spans three municipalities and consists of two
residential complexes with 2,000 beds, a 1,200-seat dining facility, and associated program space, and
WHEREAS, the Planning Board is acting as Lead Agency in the environmental review of the project,
and
WHEREAS, the potential environmental issues of the project are particularly complex and have
generated an unusually large amount of public interest. To produce the most defensible environmental
record possible, the Board and staff require legal advice from a practitioner who specializes in
environmental and land use law, and
WHEREAS, the Planning, Building, Zoning and Economic Development Department’s current
contract line does not have sufficient funds to cover this expense, and
WHEREAS, the requested funding is offset by the $192,000 site plan review fee received in 2018 for
the $128,000,000 project; now therefore be it
RESOLVED,That the City Administration Committee does hereby authorize the requested funds, not
to exceed $20,000, to provide legal counsel to the Planning and Development Board pertaining to the
environmental review of Cornell’s NCRE Project, and be it further
RESOLVED,That Common Council hereby amendV the 2018 Authorized Planning, Building,
Zoning and Economic Development budget for said outside legal counsel as follows:
Increase Revenue
A8020-2111 SLWH Development $20,000
Increase Appropriation Account:
A8020-5435 Contracts $20,000
TO: City Administration Committee
FROM: Lisa Nicholas, Deputy Director of Planning
DATE: November 9, 2018
RE: Request Funds for Outside Legal Services for the Environmental Review of Cornell’s
North Campus Residential Expansion (NCRE).
The Planning Division is requesting funding not to exceed $20,000 to retain Adam Walters of Phillips Lytle
LLP, to provide legal counsel to the Planning and Development Board pertaining to the environmental
review of Cornell’s NCRE Project. The requested funding is offset by the $192,000 site plan review fee
received for the $128,000,000 project.
Cornell submitted a site plan review application to the City of Ithaca Planning and Development Board in
July of 2018. The project spans three municipalities and consists of two residential complexes (one for
sophomores and the other for freshmen) on two sites on North Campus. The sophomore site will have
four residential buildings with 800 new beds and associated program space and a 1,200-seat, dining
facility. The freshman site will have three new residential buildings (each spanning the City and Town line)
with a total of 1,200 new beds and associated program space. The Planning Board is acting as Lead Agency
in the environmental review of the project.
The potential environmental issues of the project are particularly complex and have generated an
unusually large amount of public comment and interest. To produce the most defensible environmental
record possible, the Board and staff require legal advice from a practitioner who specializes in
environmental and land use law.
The Planning, Building, Zoning and Economic Development Department’s contract line does not have
sufficient funds to cover this expense. Its 2018 amount was scaled to cover the anticipated expenses of a
contract with Sustainable Strategies LLC and the City’s portion of the salary for the Sustainability
Coordinator position. Any excess in the line has been used to engage a temporary employment service
because of the unexpected vacancy of the Permit Clerk in the Building Division.
To conclude, the Department does not have budgeted funds to pay for the specialized legal services
required for a project of this size and complexity, and the requested amount is offset by the substantial
site plan review fee received for the project.
Please contact me if you should need more information or have questions lnichola@cityofithaca.org .
Thank you for your consideration of this request.
CITY OF ITHACA
108 E. Green St. —Third Floor Ithaca, NY 14850-5690
JoAnn Cornish, Director
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
Planning & Development –607-274-6550 Community Development/IURA –607-274-6565
E-Mail: dgrunder@cityofithaca.org
CA Agenda - 11/19/18
3. Finance, Budget and Appropriations
.3 DPW –Request to Establish Capital Project for Stewart Park Playground
WHEREAS, the City of Ithaca and the Friends of Stewart Park have entered into a Memorandum of
Understanding (MOU), dated June 14, 2017, which specifically addresses a Playground Grant Project
(the “Project”), and
WHEREAS, the City has processed the required paperwork and has received a Grant Disbursement
Agreement from the Dormitory Authority of the State of New York in the amount of $1 million as part
of a reimbursement program called State and Municipal (SAM) Facilities, for the Project, and
WHEREAS, the City of Ithaca Planning & Development Board has approved a Project site plan and,
on February 27, 2018, declared that the project will have no significant negative environmental impact,
in accordance with the State Environmental Quality Review Act and the related City ordinance, and
WHEREAS, the abovementioned MOU notes that in the event that the required construction estimate
exceeds $1,000,000, the Friends of Stewart Park agree to donate the additional funds necessary to
construction the Project, and
WHEREAS, Common Council is desirous of progressing this Project; now, therefore be it
RESOLVED,That Common Council hereby establishes Capital Project #854 Stewart Park
Playground, in the amount not to exceed $1,000,000 for the purposes of constructing the Project, and
be it further
RESOLVED,That funding for said Capital Project shall be derived from the issuance of Serial Bonds
with the understanding that all eligible expenses up to $1,000,000 will be reimbursed by the DASNY
SAM program, and be it further
RESOLVED,That the Mayor of the City of Ithaca is hereby authorized to enter into any and all
agreement(s) with the State of New York and/or DASNY related to this project, upon review by the
City Attorney, and be it further
RESOLVED,That the City Controller is hereby authorized and directed to accept any and all
donations from the Friends of Stewart Park or others for this Project and to use these funds to increase
the authorization for the Capital Project, and be it further
RESOLVED,That this project be undertaken with the understanding that the final cost of the Project
to the City of Ithaca will be roughly 0% of said portion, currently estimated at $0 of the $1,000,000
authorized for this portion of the Project, in monies and in-kind services as managed by the
Superintendent of Public Works and monitored by the City Controller.
CA Agenda - 11/19/18
3. Finance, Budget and Appropriations
.4 An Ordinance to Transfer Title of a Portion of Linn Street to the Ithaca City School District
ORDINANCE __ -2018
An Ordinance to Transfer Title of a Portion of Linn Street to the Ithaca City School District
WHEREAS, in 2017, the City of Ithaca identified Elm St. and Chestnut St. intersection for certain
pedestrian and vehicular traffic safety improvements, and in 2019, the City plans to construct sidewalk
on South Aurora Street bordering South Hill Elementary School to provide improved and safer
pedestrian access on South Aurora Street; and
WHEREAS, in order to accomplish these safety enhancements, the City is interested in acquiring
certain portions of Ithaca City School District land, namely fee title to a small 3,385 square foot parcel
of land adjacent to Lehman Alternative Community School to support the intersection improvements
depicted in the drawing attached and incorporated here as Exhibit A, and a permanent easement of
3,070 square feet along South Aurora Street as depicted in the drawing attached and incorporated here
as Exhibit B (hereafter, referred to as Parcels A and B, respectively); and
WHEREAS, Ithaca City School District (the “District”) requires that divestment of school district land
be for fair market value; and
WHEREAS, the City has proposed an exchange of the parcels depicted in Exhibits A and B, as
described above for a deeded transfer of a section of Linn Street comprising an area of approximately
9,999 square feet located behind Fall Creek Elementary, currently used by the school (shown in the
drawing attached and incorporated here as Exhibit C, and hereafter referred to as the “Linn Street
Parcel”); and
WHEREAS, in 1965, the City discontinued the relevant portion of Linn Street comprising the Linn
Street Parcel and authorized the District’s use of the same, but never transferred title to the District as
was intended; and
WHEREAS, the District remains interested in acquiring title to the Linn Street Parcel in exchange for
transferring title to the City for Parcel A and providing a permanent easement over Parcel B; and
WHEREAS, on November 20, 2018, the City’s Board of Public Works declared the property depicted
in Exhibit C surplus property for municipal purposes and recommended Council’s authorization of the
release; and
WHEREAS, the City Charter requires approval by three-fourths of the Common Council to authorize
divestment of real property; and
WHEREAS, the City Charter further requires notice of a proposed sale to be published no less than
once each week for three weeks, the first such notice being published no less than 30 days prior to the
approval vote, and such notices have been published; now, therefore be it,
CA Agenda - 11/19/18
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Legislative Intent and Purpose. The Common Council makes the following findings of
fact:
A. The Linn Street Parcel is surplus for municipal purposes.
B. The Linn Street Parcel has been in continuous use by the District, presumably since
1965, and may be transferred to the District maintaining an easement for the City for the
water main running below Linn Street.
C. The exchange offered by the District for fee title to Parcel A and a permanent easement
over Parcel B is adequate consideration to release the City’s interests in the Linn Street
Parcel.
Section 2. Approval and Execution of Deed. The Common Council authorizes and directs the Mayor,
on the advice of the City Attorney, to execute documents as needed to effect these transactions.
Section 3. Effective Date. This ordinance shall take effect immediately.
Exhibit A
NO. RADIUS (FT) ARC (FT)
C1 417.80 88.35
88.19 BEARING
N 06o54'45" E
C2 471.50 70.94
70.88 BEARING
N 17o16'52" E
C3 1061.51 159.20
159.05 BEARING
N 25o53'17" E
CURVE TABLE
DIRECTION
RIGHT
RIGHT
RIGHT
CHORD LENGTH
CHORD LENGTH
CHORD LENGTH
Exhibit B
NO. RADIUS (FT) ARC (FT)
C1 417.80 88.35
88.19 BEARING N 06o54'45" E
C2 471.50 70.94
70.88 BEARING
N 17o16'52" E
C3 1061.51 159.20
159.05 BEARING
N 25o53'17" E
CURVE TABLE
DIRECTION
RIGHT
RIGHT
RIGHT
CHORD LENGTH
CHORD LENGTH
CHORD LENGTH
Exhibit C
CA Agenda - 11/19/18
3. Finance, Budget and Appropriations
.5 Police Department – Request to Amend 2018 Authorized Budget for NYS Homeland
Security Grant
WHEREAS, the Ithaca Police Department (IPD) recently received a US Department of Homeland
Security State Homeland Grant administrated by New York State for $100,000, and
WHEREAS , the grant will be used to develop and enhance tactical team response capabilities
through equipment, training and exercise, with funding through August 31, 2020, and
WHEREAS, equipment and resources purchased through this grant will include:
Tactical Robot, helmet mounted night vision devices, tactical ballistic shield, spotting scopes and
binoculars, handheld FLIR unit, and backfill of overtime of training; now, therefore be it
RESOLVED, That Common Council hereby amends the 2018 authorized Police Department
Budget to account for the $100,000 New York State Homeland Security and Emergency Services
Grant as follows:
Increase Revenue Account:
A3120-4320 Police Federal Aid $100,000
Increase Appropriation Accounts:
A3120-5125-5001 Police Overtime $18,500
A3120-5225-5022 Police Equipment $81,500
$100,000
CA Agenda - 11/19/18
3. Finance, Budget and Appropriations
.6 Capital Project Construction Phase for Grit Removal Project, Concrete Restoration Project,
Emergency Generator Replacement, and Miscellaneous Plant Improvements at the Ithaca Area
Wastewater Facility
WHEREAS, the Ithaca Area Wastewater Treatment Plant (IAWWTP) is in need of certain Capital
Improvements, and
WHEREAS, DPW staff, in association with the Plant’s consulting engineers, GHD, have completed
the final drawing, specifications, and Contract bid Documents in accordance with GHD’s letter and
Scope of Services Schedule A dated October 9, 2017 Revised Scope of Services and Engineering Fee
Grit Removal and Concrete Restoration Project, and
WHEREAS, Capital Project CP #422J has been previously established in the amount of $434,175 for
design of Various Improvements to the IAWWTP, and
WHEREAS, a project cost estimate has been prepared by GHD which includes the
following;
Contract 1 - General
Sitework, chemical unloading, vac-truck pad $320,000
Concrete Repairs $150,000
Influent Building Improvements $160,000
Grit System $2,160,000
Stair Tower Replacement $160,000
Mis (Weirs, scum collectors, gas piping, doors, etc.) $1,470,000
Subtotal Contract 1 $4,420,000
Contract 2 – Electrical
Electrical $350,000
Emergency Generator Replacement $800,000
Instrumentation & Controls $110,000
Subtotal Contract 2 $1,260,000
Contract 3 – HVAC
HVAC $310,000
Subtotal Contract 3 $310,000
Project Total Cost $7,190,000
WHEREAS, the Special Joint Committee (SJC) recommended the approval of said project at its
regular meeting of September 19, 2018 be authorized and funded in an amount not to exceed
$7,190,000 for the costs required to construct the Grit Removal and Concrete Restoration project in
its entirety; now therefore be it
RESOLVED, That Common Council hereby amends Capital Project #422J Various Improvements
to the IAWWTP by an amount not to exceed $7,190,000 for a total project allocation of $7,624,175,
to fund the above stated improvements, and be it further
CA Agenda - 11/19/18
RESOLVED, That Common Council hereby authorizes this project contingent upon action by all
wastewater partners committing their percentage of reimbursement shares to the Joint Activity
Fund allocated per the Joint Sewer Agreement as follows:
Municipality Percentage Project Cost
City of Ithaca 57.14 $4,108,366
Town of Ithaca 40.88 $2,939,272
Town of Dryden 1.98 $142,362
$7,190,000
\\CAZ-SVR-001\Projects$\111\11153020 Ithaca Grit Removal\TECH\Submittals\Grit Project Summary.docx 1
GHD Consulting Services Inc. One Remington Park Drive Cazenovia NY 13035 USA
T 315 679 5800 F 315 679 5801 E cazmail@ghd.com W www.ghd.com
Ithaca Area WWTF Grit Removal and Plant Modifications Project
Summary of Proposed Work and Budget
Project Scope
As described in the April 2017 Preliminary Design Report, a number of plant upgrades were recommended to
improve plant performance and reduce operating costs. A subset of these upgrades were chosen for a first
phase of the project to be sent to bid at the end of 2018 and completed in 2019. A description of the major
project components and cost estimates follows.
Grit Removal
The IAWWTF does not have a preliminary grit removal system, resulting in grit accumulation in the influent
channels and primary clarifiers which must be manually removed. The grit loading causes additional wear on
the primary clarifiers and pumping equipment, incurring avoidable O&M costs. Grit is currently removed from
the plant’s primary sludge, a less efficient process than removal in a preliminary process. The proposed
preliminary grit removal system will be housed in a new addition adjacent to the influent channels. It will remove
grit from wastewater before it enters the influent channels and primary clarifiers, reducing wear on plant systems
and grit removal maintenance requirements. The existing lime silo room will be demolished and built as a new
electrical room to provide power to the grit removal equipment.
Generator Upgrades
The plant’s current generator is rated at 750 KW, which is not sufficient to power plant functions in the case of a
loss of electrical service. It was determined that two (2) 1,000 KW generators run in parallel would be capable
of providing emergency power to the entire facility.
Miscellaneous Improvements
x Concrete repairs: Several areas in need of concrete repair were identified by plant staff, including walls
near Aeration Tank No. 4, the effluent channel, joints near Final Steeling Tank No. 3, and leaks in
gallery concrete panels which allow rainwater intrusion.
x Stair Tower: The stair tower structure (Entrance Structure No. 2) adjacent to the final settling tanks is
pulling away from the larger plant superstructure and signs of leaks are evident. The existing concrete
tower will be replaced with an enclosed steel frame structure.
\\CAZ-SVR-001\Projects$\111\11153020 Ithaca Grit Removal\TECH\Submittals\Grit Project Summary.docx 2
GHD Consulting Services Inc. One Remington Park Drive Cazenovia NY 13035 USA
T 315 679 5800 F 315 679 5801 E cazmail@ghd.com W www.ghd.com
x During the course of design, other maintenance required to ensure continued plant performance. The
existing digester gas piping is internally corroded which is inhibiting the flow of gas. This biogas piping
will be replaced. The existing settling tanks weirs and scum collectors are poor condition and are in
need of replacement. There is a safety concern with unstable walkway grating over channels that will
be addressed in this project.
x Chemical Unloading and Vac-truck pad. Improvements to the chemical unloading and vac-truck pad
locations were identified which would improve safety and decrease staff maintenance effort.
Project Cost Estimate
Description Amount
Contract 1 - General
Sitework, Chemical Unloading, Vac-truck Pad $320,000
Concrete Repairs $150,000
Influent Building Improvements $160,000
Grit System $2,160,000
Stair Tower Replacement $160,000
Misc (Weirs, scum collectors, gas piping, etc.) $1,470,000
Subtotal Contract 1 $4,420,000
Contract 2 - Electrical
Electrical $350,000
Emergency Generator Replacement $800,000
Inst & Control $110,000
Subtotal Contract 2 $1,260,000
Contract 3 - HVAC
HVAC $310,000
Subtotal Contract 3 $310,000
Subtotal Construction $5,990,000
Contingency (10%) $600,000
Total Construction $6,590,000
Engineering, Testing, Legal, Admin $600,000
Total Project Cost $7,190,000
CA Agenda - 11/19/18
4. City Administration, Human Resources and Policy
.1 Local Law Entitled “Repeal of City Charter C-94 and Distribution of the Balances of the
Veteran Volunteer Firemen’s Relief Fund and the Active Firemen’s Relief Fund”
Local Law No. __-2018
A local law entitled “Repeal of City Charter § C-94 and Distribution of the Balances of the Veteran
Volunteer Firemen’s Relief Fund and the Active Firemen’s Relief Fund.”
WHEREAS, City Charter § C-94 establishes certain “powers and duties of the Common Council
relevant to the Fire Department” that provide Common Council authority over taxes collected from
insurance companies for the benefit of the City’s fire companies under New York Insurance Law (“two
percent moneys”) and for the administration of two Relief Funds; and
WHEREAS, earlier this year, the City Administration Committee requested that staff develop
proposed amendments to the little-used Relief Funds established in § C-94; and
WHEREAS, a group of City representatives met with the Veteran Volunteer Firemen's Association of
Ithaca, after which that organization requested the distribution to that organization of the funds
currently held by the City in the Veteran Volunteer Firemen’s Relief Fund; and
WHEREAS, the Fire Chief recommends the transition represented by this Local Law because both
existing Relief Funds as provided in the Charter are rarely used, and such utility as served by those
Funds in decades past has largely been supplanted by modernized coverage for firefighter injuries,
both professional and volunteer; and
WHEREAS, State law provides a standard legal framework pursuant to which two percent moneys are
to be distributed to firefighters within localities across the state; and
WHEREAS, Ithaca’s City charter has long diverted two percent moneys from the standard framework
in order to fund the Relief Funds and make the Charter-specified distributions therefrom; and
WHEREAS, the Common Council wishes to repeal City Charter § C-94, divest itself of the powers and
duties contained therein, and transfer the balance remaining in the funds established under § C-94 as
set forth below; 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:
1. Under New York Insurance Law §§ 9104 and 9105, the City receives funds from foreign and alien
insurers and distributes such funds pursuant to the provisions of New York Insurance Law and City
Charter § C-94.
2. City Charter § C-94(A) establishes the Active Firemen’s Relief Fund and distributes a portion of
the above-described moneys collected under New York Insurance Law to such fund.
CA Agenda - 11/19/18
3. City Charter § C-94(B) establishes the Veteran Volunteer Firemen’s Relief Fund, which the City
administers and holds in trust for the benefit of the Veteran Volunteer Firemen's Association of
Ithaca.
4. The Common Council finds it beneficial to eliminate City Charter § C-94 and, in the future, to
distribute funds collected under New York Insurance Law §§ 9104 and 9105 to the fire companies
of the City of Ithaca pursuant to the provisions of the New York Insurance Law.
5. The Common Council finds it further beneficial to transfer the balance of the Veteran Volunteer
Firemen’s Relief Fund to the Veteran Volunteer Firemen's Association of Ithaca and to distribute
the balance of the Active Firemen’s Relief Fund pursuant to the provisions of the New York
Insurance Law.
Based upon the above findings, the intent and purpose of this Local Law is to transfer the balance of
the Veteran Volunteer Firemen’s Relief Fund to the Veteran Volunteer Firemen’s Association of
Ithaca, amend the City Charter to repeal § C-94, and distribute the balance of the Active Firemen’s
Relief Fund pursuant to New York Insurance Law §§ 9104 and 9105.
Section 2. Transfer of the balance of the Veteran Volunteer Firemen’s Relief Fund to the
Veteran Volunteer Firemen’s Association of Ithaca.
The entire balance of the Veteran Volunteer Firemen’s Relief Fund shall be transferred to the Veteran
Volunteer Firemen's Association of Ithaca.
Section 3. Repeal of City Charter § C-94.
City Charter § C-94, “Powers and duties of the Common Council relevant to the Fire Department,” is
hereby repealed in its entirety.
Section 4. Distribution of the balance of the Active Firemen’s Relief Fund pursuant to the New
York Insurance Law.
The entire balance of the Active Firemen’s Relief Fund shall be distributed to the fire companies of the
City of Ithaca pursuant to the provisions of New York Insurance Law §§ 9104 and 9105.
Section 5. 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 6. Effective date.
This Local Law shall take effect upon the filing of the Local Law in the office of the Secretary of
State.
To: City Administration Committee
From: Ari Lavine, City Attorney
Subject: Repeal of Charter § C-94 and Distribution of the Fire Relief Funds
Date: November 14, 2018
As you will recall, earlier this year the City Administration Committee requested that
staff develop proposed amendments to both of the little-used Relief Funds established in § C-94,
including by exploring the feasibility of transferring to the Veteran Volunteer Firemen's
Association of Ithaca (“the Vets”) the funds held in the Veteran Volunteer Firemen’s Relief Fund
that is currently administered by the City. The Committee asked that staff consult with the Vets
leadership as part of that process—which we did—and that staff report back to the Committee in
November.
The resulting local law does, as requested by both the Committee and later by the Vets
leadership, transfer the funds held in the Veteran Volunteer Firemen’s Relief Fund to the Vets.
Additionally, as requested, this local law eliminates the little-used Active Firemen’s Relief
Fund—which is funded with two percent moneys—and distributes the current contents of that
Fund as two percent moneys pursuant to State law.
State law provides a standard legal framework pursuant to which two percent moneys are
to be distributed to firefighters within localities across the state, and this local law reverts the
City’s two percent moneys distributions to that standard. In contrast, Ithaca’s City Charter has
long diverted two percent moneys from the standard framework in order to fund the Relief Funds
and make the Charter-specified distributions therefrom. It is important to note that, because § C-
94 of the City’s Charter has been “grandfathered” in as an exception from the now-mandatory
state law on the subject, § C-94 cannot be re-instituted once repealed.
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-5690
OFFICE OF THE CITY ATTORNEY
Aaron O. Lavine, City Attorney Telephone: 607/274-6504
Robert A. Sarachan, Assistant City Attorney Fax: 607/274-6507
Krin Flaherty, Assistant City Attorney
Kevin Levine, Assistant City Attorney
Jody Andrew, Executive Assistant