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HomeMy WebLinkAboutMN-CC-2022-11-02COMMON COUNCIL Voting Record Date: Wednesday, November 2, 2022 Location: City Hall, 108 E. Green Street 3rd Floor, Council Chambers Meeting Called to order: 6:00 P.M. Meeting Adjourned: 10:36 P.M. YouTube Link: https://www.youtube.com/watch?v=taX0k48KYNg Attendance Record of Voting Members Name Present (In Person) Remote Absent / Excused Acting Mayor – Laura Lewis x 1st Ward – Cynthia Brock x 1st Ward – George McGonigal x 2nd Ward – Phoebe Brown x 2nd Ward - Ducson Nguyen x 3rd Ward – Jeffrey Barken x 3rd Ward – Rob Gearhart x 4th Ward – Jorge DeFendini x 4th Ward – Patrick Mehler x 5th Ward – Robert Cantelmo x 5th Ward – Laura Lewis x Total voting members for this meeting 10 Agenda Item: 1.1 Additions to the Agenda YouTube Timestamp: 2:33 Discussion Summary: Laura Lewis- Resolution confirming appointing Acting Director of PIT (6.1), Resolution authorizing submission of an application to the NYS Housing and Community Renewal (HCR) Plus One ADU Program in partnership with Ithaca Neighborhood Housing Services (INHS) (6.2) Cynthia Brock wants to move agenda item Amendment to Personnel Roster (3.1) from Consent Agenda to CA Agenda ( Item 5.7) Resolution Approving 2022 Workplan for Community Justice Center(6.3) Resolution Approving 2023 Workplan for Community Justice Center (6.4) deferred and addressed to later date. City Controller’s Report (5.7) moved to 5.8 on CA agenda Agenda Item: 1.2 Proclamations/Awards YouTube Timestamp: 4:30 Discussion Summary: Award presented to County Director of Veterans Affairs J.R Clairborne and Student Veteran Advisor and Program Manager at Cornell Mary Fisk. November 6th – 12th has been declared Veterans Week. Agenda Item: 1.3 Quarterly Employee Recognition Award YouTube Timestamp: 10:48 Discussion Summary: Certificate of Appreciation presented to Jim Evers Streets and Facilities Department Agenda Item: 1.4 Reports of Municipal Officials YouTube Timestamp: 14:36 Discussion Summary: Tompkins County Legislator Veronica Pillar reports, Vacancy in District 3 for City Legislator. Specials Elections to be set January 24th Board of Elections to announce other related deadlines as appropriate. Discussed the merge of County Mental Health and Public Health Department. Discussions continue around the Red House property at 408 N Tioga Street. Community Recovery Fund Applications. Total of 231 applications received. There is more interest than funds available. $34Million requested, only $6.5 million is available. County Budget highlights: Discussed funding to EMS Coordinator, 3 positions funded for Co-response Team-2 Mental Health Workers and 1 Sheriff’s Deputy, homeless outreach coordinator. $100,000 set aside for homeless initiatives including but not limited to TIDES. Phoebe Brown followed up to clarify $100,000 is not only for TIDES but related to homelessness throughout. Funding for 3 more Library Staff at downtown library. Public Budget Hearing set for next Monday 7pm. Agenda Item: 2.1 A Public Hearing on Proposed 2023 City of Ithaca Budget YouTube Timestamp: 22:05 Motion to Open Public Hearing: Robert Cantelmo Seconded by: Patrick Mehler Motion to Close Public Hearing: Patrick Mehler Seconded by: Phoebe Brown Vote Passed 10-0 Discussion Summary: Time reduced to 2 minutes due to the number of speakers in attendance. Faye Gougakis spoke to needing more police, commented on cuts in police budget and community safety. Jordan Clemens founder of Unbroken Promise Initiative asked council to raise a revised budget proposal for Unbroken Promise Initiative to address root issues in the community. Unbroken Promise Initiative is a West End Revitalization program. Yasmin Rashid commented on budget for UPI. Tom Bruer President of Tompkins Cortland Building Trades Council. Member Approve Deny Abstain Table Cynthia Brock x George McGonigal x Phoebe Brown x Ducson Nguyen x Jeffrey Barken x Rob Gearhart x Jorge DeFendini x Patrick Mehler x Robert Cantelmo x Laura Lewis x Agenda Item: 2.2 Petitions and Hearings of Persons before Council YouTube Timestamp: 36:28 Discussion Summary: Steven Naan- COI Worker Compensation Jeanne Grace - Worker Issues Fay Gougakis- General Topics Brooks H- Executive Unit Tom Condzella- Labor Mary Orsaio- Labor Unions Ethan Bodnaruk-City Worker Contracts Laurie Ervay- City Employee Statement Michael Fenier- Thank You’s Matthew Sledjeski- City/Worker Relations Taylor Petty- General Topic Jimmy Everts- General Topic Kevin Vorstadt- Employee Compensation George Apgar II- Workers Rights Alix Gresov- Workers John Baker- Workers Brian Weinstein- Employee Relations Chris Kourkoutis- Contract Negotiations Rob Shepherd- Workers Rights Kevin Koekler- Workers Kevin Whitney- Labor Restrictions Todd Bruer- IPD, IFD, DPW Brendan Bloodnick- Labor Emily Dove- Labor Julia De Aragon- IGND Jeremy Miller- City Labor Practices Zachary Winn- Budget/Ithaca David amaro- Police- Labor Unions Yasmin Rashid- Funding for UPI Justin Perkins- City of Ithaca DPW Brad Borgner- General Topic Regis Teasley- GND Jordan Clemons- ARPA Funds for UPI Project Lloyd McKend- Worker Issues Fernando De’Aragon- Bikeshare Stephanie Heslop-Labor John Graves- Luis, Director of Sustainability Katie Sims- General Topic Sheila Out- Ithaca Green New Deal John Monkovic- freeCAT-Public Transportation Johnathan Licitra- Workers Erin Cuddihy- City Staff Compensation and Contracts Luis Aguirre-Torres- Ithaca Green New Deal Martha Robertson- Ithaca Green New Deal Sabrina Leddy- freeCAT Kady Nawrocki- Funding for UPI Jordan Clemons- Match Broken Promise Initiative’s secured funds through ARPA John Burger- Electrification Plan Agenda Item: 2.3 3 Privilege of the Floor – Mayor and Council YouTube Timestamp: 2:06:49 Discussion Summary: Mayor Laura Lewis discussed Budget and negotiations. Budget is $89Million this year. Robert Cantelmo thanked city staff. Commented in response to workplace issues, morale among employees. Robert C has invited to CA to present on the Employee Workforce Survey. Jorge DeFendini discussed the importance of unions and the right to have an equitable and fair work place environment. Commented on Budget & wage increases, expressed concerns in regards to morale, Workplace environment and how to improve workplace conditions. Phoebe Brown discussed to Re-imagining Safety and IPD working together; discussed issues being stalled after being brought to CC. Cynthia Brock had questions about the budget deadline. Would like to see Council sit in with City Attorney, Controller & HR director before voting on Budget. Laura Lewis responded to comments surrounding this years budget, IPD and DPW staffing. There will be an additional Budget Meeting deadline November 9th for the Budget to be passed. Patrick Mehler offered all city employees an apology, talked about putting forth tangible actions in support of helping workers. Ari Levin thanked all those in attendance. Discussed City Labor Contracts, responded to discussions surrounding worker morale and retention. Ducson Nguyen commented on city staff/employees, discussed becoming more involved in negotiations, commented on Budget expressed concerns in terms of time spend on Budget. Robert Gearhart commented on morale, discussed city administration accountability, commented on commitment to taking action within in regards to the budget and moving forward. Thanked everyone who came out to speak. Phoebe Brown responded with a question asking how can council become more informed and involved with negotiations between city and unions. Discussed the loss of an employee. Patrick followed up with a comment regarding reasons for leaving. Jeff Barken acknowledged all city workers and their commitment and dedication. Responded to comments surrounding the budget. Motion for 5 Minute Recess: Robert Cantelmo Second: Laura Lewis Vote Passed: 10-0 You Tube Date Stamp: 3:04: CONSENT AGENDA Agenda Item 3.1-3.3 You Tube Time Stamp: 3:13:03 3.1 HR - Amendment to Personnel Roster – Deputy City Clerk – moved to CA Agenda (5.7) 3.2 Finance - Approval of the 2023 Amended Municipal Cooperative Agreement for the Greater Tompkins County Municipal Health Insurance Consortium 3.3 DPW – Resolution to Authorize a Building Resilient Infrastructure and Communities (BRIC) Application Motion to Approve: Robert Cantelmo Second Robert Gearhart Vote Passed 10-0 Discussion summary: No Discussion Member Approve Deny Abstain Table Cynthia Brock x George McGonigal x Phoebe Brown x Ducson Nguyen x Jeffrey Barken x Rob Gearhart x Jorge DeFendini x Patrick Mehler x Robert Cantelmo x Laura Lewis x PLANNING & ECONOMIC DEVELOPMENT COMMITTEE Agenda Item 4.1 Proposal for the City of Ithaca to enter into an MOU with Center for Community Transportation for a Bikeshare program in the Right-of-Way. You Tube Time Stamp: 3:13:44 Vote Passed 10-0 Discussion Summary: George McGonigal asked about the Funding Agreement. Transportation Engineer Erin Cuddihy responded by explaining funding agreement is separate from MOU. The city will be providing $50k CCT to complete the purchase of the initial fleet of bikes. Mayor Lewis pointed out bikes will be purchased and owned by CCT the city will have no ownership. Ducson Nguyen opened up discussion surrounding oversight committee Mayor Lewis and Erin Cuddihy commented on oversight committee. Member Approve Deny Abstain Table Cynthia Brock x George McGonigal x Phoebe Brown x Ducson Nguyen x Jeffrey Barken x Rob Gearhart x Jorge DeFendini x Patrick Mehler x Robert Cantelmo x Laura Lewis x Agenda Item 4.2 Adoption of the City of Ithaca Drinking Water Source Protection Plan – Resolution You Tube Time Stamp: 3:22:43 Resolution Motion to Approve: Mayor Laura Lewis Seconded: Cynthia Brock Vote Passed 10-0 Discussion Summary: Roxy Johnston Watershed Coordinator took questions. George McGonigal commended Johnston for setting a great example as a city employee. Member Approve Deny Abstain Table Cynthia Brock x George McGonigal x Phoebe Brown x Ducson Nguyen x Jeffrey Barken x Rob Gearhart x Jorge DeFendini x Patrick Mehler x Robert Cantelmo x Laura Lewis x CITY ADMINISTRATION COMMITTEE Agenda Item 5.1 Adoption of 2023 City of Ithaca Budget You Tube Time Stamp: 3:27 Motion to Table: Robert Cantelmo Seconded: Patrick Mehler Vote Passed: 7-3 Discussion Summary: City Controller Steve Thayer discussed complexity of budget. Responded to questions surrounding tax rate and tax levy. Discussion on contract negotiations. Discussion moved to table the vote rather than voting on Budget. Will revisit on November 9th. Member Approve Deny Abstain Table Cynthia Brock x George McGonigal x Phoebe Brown x Ducson Nguyen x Jeffrey Barken x Rob Gearhart x Jorge DeFendini x Patrick Mehler x Robert Cantelmo x Laura Lewis x Agenda Items 5.2-5.4 – Resolution Tabled per Items 5.1 5.2 Adoption of 2023 City of Ithaca Tax Rate 5.3 Adoption of 2023 Ithaca Area Wastewater Treatment Plant Budget 5.4 A Local Law Entitled “Sidewalk Improvement District Amendments” 5.5 A Local Law Entitled “Confirmation of the Sidewalk Improvement District Assessments, Budget, and Schedule of Work for Fiscal Year 2023 Agenda Item: 5.6 HR – Resolution for adoption of Juneteenth as a Paid Holiday You Tube Time Stamp: 3:56:53 Motion to Approve: Robert Cantelmo Second: Cynthia Brock Vote Passed 10-0 Discussion Summary: No Discussion Member Approve Deny Abstain Table Cynthia Brock x George McGonigal x Phoebe Brown x Ducson Nguyen x Jeffrey Barken x Rob Gearhart x Jorge DeFendini x Patrick Mehler x Robert Cantelmo x Laura Lewis x Agenda Item: 5.7 HR - Amendment to Personnel Roster – Deputy City Clerk (3.1- moved from Consent Agenda to CA agenda) You Tube Time Stamp : 4:02:08 Motion to Approve: Robert Cantelmo Second: Patrick Mehler Vote Passes: 7-3 Discussion Summary. Patrick Mehler raised the question to discuss the process in which the position is deemed required to be regraded. HR Director Schelley Michell-Nunn responded to questions explaining the process of reclassifying a position resulting in the change in salary. Member Approve Deny Abstain Table Cynthia Brock x George McGonigal x Phoebe Brown x Ducson Nguyen x Jeffrey Barken x Rob Gearhart x Jorge DeFendini x Patrick Mehler x Robert Cantelmo x Laura Lewis x Agenda Item: 5.8 City Controller’s Report: None Given. Will be given on November 9th during Special Meeting. MEMBER FILED RESOLUTIONS Agenda Item: 6.1 Resolution – Confirming Appointment of Acting Director of Public Information and Technology You Tube Time Stamp: 4:14:42 Motion to Approve: Laura Lewis Second: Robert Cantelmo Vote Passed 10-0 Discussion Summary: longtime city clerk Julie Holcomb retired. Search is underway for new director. Director of PIT will act as City Clerk. Member Approve Deny Abstain Table Cynthia Brock x George McGonigal x Phoebe Brown x Ducson Nguyen x Jeffrey Barken x Rob Gearhart x Jorge DeFendini x Patrick Mehler x Robert Cantelmo x Laura Lewis x Agenda Item: 6.2 Alderperson Lewis - Resolution authorizing submission of an application to the NYS Housing and Community Renewal (HCR) Plus One ADU Program in partnership with Ithaca Neighborhood Housing You Tube Stamp: 4:17:31 Motion to Approve: Laura Lewis Second: Patrick Mehler Vote Passed:10-0 Discussion Summary: Present Lisa Nicholas and Delia Yarrow. Discussed funding sources for low-income homeowners in the city who need repairs. Phoebe Brown raised a question for clarification about funding being for current homeowners; asked about credit checks. Laura Lewis commented in response to Phoebe’s questions. Delia commented in response to questions about credit checks and restrictions to insure residents aren’t being used for seasonal rentals after funds are received and being refurbished. Jorge asked who will be overseeing the checks. Delia commented in response to Jorge’s questions. INH will be taking the lead and will work with the city. Member Approve Deny Abstain Table Cynthia Brock x George McGonigal x Phoebe Brown x Ducson Nguyen x Jeffrey Barken x Rob Gearhart x Jorge DeFendini x Patrick Mehler x Robert Cantelmo x Laura Lewis x Agenda Item: 6.3 Resolution Approving 2022 Workplan for Community Justice Center – Pulled by Acting Mayor Lewis. Deferred to later date as per agenda Item 1:1 Agenda Item 6.4 Resolution Approving 2023 Workplan for Community Justice Center- Pulled by Acting Mayor Lewis. Deferred to a later date as per agenda item 1:1 Time Stamp: 4:28:07 MAYOR’S APPOINTMENTS Agenda Item 7.1 Recommendation to Tompkins Consolidation Area Transit Board You Tube Stamp: 4:28:30 Motion to Approve: Laura Lewis Second: Patrick Mehler Vote Passed:10-0 Discussion Summary: Jennifer Dodson be reappointed as Director of TCAT with term to expire 12-31-2025. Cynthia asked for clarification as to who appoints representatives on the TCAT board. Laura responded to Cynthia’s question. Council recommends to TCAT Board, TCAT votes on Board Members. Acting Mayor Lewis took full responsibility for item being late. Member Approve Deny Abstain Table Cynthia Brock x George McGonigal x Phoebe Brown x Ducson Nguyen x Jeffrey Barken x Rob Gearhart x Jorge DeFendini x Patrick Mehler x Robert Cantelmo x Laura Lewis x REPORTS FROM COUNCIL & STAFF Agenda Item 8.1 Reports of Special Committees You Tube Stamp: 4:29:49 Discussion Summary: George McGonigal reported on RPS looking at current trainings and practices by IPD, spoke with Police Board. Progress is being made. Laura thanked George for sharing and thanked the members serving on the special committee. Agenda Item 8.2 Reports of Common Council Liaisons Jorge DeFendini Access Oversight Committee Liaison: expressed concerns surrounding Access Oversight Committee. Reports The vacancy that was filled does not meet residency requirements. Discussed website needing to be updated for Access Oversight. Brought up the issue of council meetings continue to not be broadcasted or simulcast; this issue was brought up during comments. A formal email will be sent to Council. Laura commented in response to Jorge, Phoebe Brown South Side Liaison: Fundraising Meeting scheduled for Tuesday Nov 21st. Southside is very happy and excited and doing a lot of work. Agenda Item 8.3 Report of City Clerk- No report. In Transition. You Tube Stamp: 4::35:52 Agenda Item 8.4 Report of City Attorney- No Report You Tube Stamp: 4:36 Agenda Item: 9.1 New Business You Tube Stamp: 4:36:19 Motion to Enter into Executive Session: Laura Lewis Second: Robert Cantelmo Vote Passed:10-0 Discussion Summary: Discuss Property Acquisition. Robert C asked if 20 Minutes was sufficient for Exec Session. Acting Mayor Lewis does not anticipate a vote. Members of the public asked to dismiss. Member Approve Deny Abstain Table Cynthia Brock x George McGonigal x Phoebe Brown x Ducson Nguyen x Jeffrey Barken x Rob Gearhart x Jorge DeFendini x Patrick Mehler x Robert Cantelmo x Laura Lewis x 10.1 Meeting Wrap Up – Adjourned COMMON COUNCIL AGENDA ITEMS REVISED Date: 11-02-2022 Time: 6:00 PM Location: Common Council Chambers City Hall, 108 E. Green Street, Ithaca Item Voting Item Presenter(s) Time Allotted CALL TO ORDER 1.1 Additions to or Deletions from the Agenda 1.2 Proclamations/Awards 1.3 Quarterly Employee Recognition Award 1.4 Reports of Municipal Officials No Acting Mayor Lewis 10 Mins 2.1 A Public Hearing on the Proposed 2023 City of Ithaca Budget 2.2 Petitions and Hearings of Persons before Council 2.3 Privilege of the Floor – Mayor and Council No No No *Note: See instructions on how to participate on page 3 of the agenda. 40 Mins CONSENT AGENDA 3.1 HR - Amendment to Personnel Roster – Deputy City Clerk 3.2 Finance - Approval of the 2023 Amended Municipal Cooperative Agreement for the Greater Tompkins County Municipal Health Insurance Consortium 3.3 DPW – Resolution to Authorize a Building Resilient Infrastructure and Communities (BRIC) Application Yes Common Council 5 Mins PLANNING & ECONOMIC DEVELOPMENT COMMITTEE 4.1 Proposal for the City of Ithaca to enter into an MOU with Center for Community Transportation for a Bikeshare program in the Right-of-Way 4.2 Adoption of the City of Ithaca Drinking Water Source Protection Plan – Resolution Yes Yes Transportation Engineer Cuddihy Watershed Coordinator Johnston 15 Mins 10 Mins Item Voting Item Presenter(s) Time Allotted CITY ADMINISTRATION COMMITTEE 5.1 Adoption of the 2023 City of Ithaca Budget 5.2 Adoption of 2023 City of Ithaca Tax Rate 5.3 Adoption of 2023 Ithaca Area Wastewater Treatment Plant Budget 5.4 A Local Law Entitled “Sidewalk Improvement District Amendments” 5.5 A Local Law Entitled “Confirmation of the Sidewalk Improvement District Assessments, Budget, and Schedule of Work for Fiscal Year 2023” 5.6 HR – Resolution for adoption of Juneteenth as a Paid Holiday 5.7 City Controller’s Report Yes Yes Yes Yes Yes Yes No Alderperson Cantelmo City Attorney Lavine Sidewalk Program Manager Licitra HR Director Michell- Nunn City Controller Thayer 20 Mins 10 Mins 5 Mins 10 Mins 10 Mins MEMBER FILED RESOLUTIONS 6.1 Resolution – Confirming Appointment of Acting Director of Public Information and Technology 6.2 Alderperson Lewis - Resolution authorizing submission of an application to the NYS Housing and Community Renewal (HCR) Plus One ADU Program in partnership with Ithaca Neighborhood Housing Services (INHS) 6.3 Resolution Approving 2022 Workplan for Community Justice Center 6.4 Resolution Approving 2023 Workplan for Community Justice Center Yes Yes Yes Yes Alderperson Lewis Alderperson Lewis – Planning Staff Alderperson Lewis Alderperson Lewis 5 Mins 10 Mins 10 Mins 10 Mins MAYOR’S APPOINTMENTS 7.1 Recommendation to Tompkins Consolidation Area Transit Board Yes Acting Mayor Lewis 5 Mins REPORTS FROM COUNCIL & STAFF 8.1 Reports of Special Committees 8.2 Reports of Common Council Liaisons 8.3 Report of City Clerk 8.4 Report of City Attorney No Common Council and Staff 10 Mins NEW BUSINESS 9.1 Motion to Enter into Executive Session to Discuss the Proposed Acquisition, Sale, or Lease of Real Property MEETING WRAP-UP 10.1 Adjournment No Acting Mayor Lewis 5 Mins Hybrid Meetings Common Council has resumed meeting in person; however, due to limited seating capacity in Common Council Chambers, city staff and members of the public are encouraged to participate remotely if they would like to. How to Participate in Public Comment Virtually Email Common Council Through the Agenda Link Written comments can be submitted to Common Council using this form: Common Council Public Comment Form Comments should be submitted no later than 5:00 pm on the day of the meeting so that the Mayor and Common Council members have an opportunity to read them prior to the meeting. Register to Speak at the Meeting Via Zoom At 9:00 am on the day of the Common Council meeting, a link will be opened on the Common Council webpage for people to register to speak at the beginning of the meeting. Registration will close at 3:00 pm in order to allow time to calculate how long each person will be allowed to speak. The first hour of the meeting will be dedicated to public speaking. If you register, you will be emailed the Zoom link later that day. All meetings are live streamed to the City’s YouTube Channel: https://www.youtube.com/c/CityofIthacaPublicMeetings Questions about the meeting protocol can be forwarded to City Clerk Julie Conley Holcomb at (607) 274-6570 or jholcomb@cityofithaca.org in advance of the meeting. CONSENT AGENDA: CITY ADMINISTRATION COMMITTEE: 3.1 HR - Amendment to Personnel Roster – Deputy City Clerk WHEREAS, the Department of Public Information and Technology was created in 2014, and WHEREAS, the City Clerk was able to assume the management of the new department at that time and has since decided to retire, and WHEREAS, it is anticipated that a new Director of Public Information would bring a different skill set due to the diversity of the position duties and it is necessary to have a dedicated resource to assist the Director on specific city clerk duties, and WHEREAS, Common Council authorized a position to support the four City Commissions and these duties are related to some Deputy City Clerk duties and have therefore, been incorporated into the Deputy City Clerk job description; now, therefore, be it RESOLVED, That the Personnel Roster of the Department of Public Information and Technology be amended as follows: Add: One (1) Deputy City Clerk and be it further RESOLVED, That the position of Deputy City Clerk shall be assigned to the Management Compensation Plan at salary grade 6, and be it further RESOLVED, That for the sole purpose of determining days worked reportable to the New York State and Local Employees Retirement System the standard workday for this position shall be established at eight (8) hours per day (forty (40) hours per week), and be it further RESOLVED, That the funding for this change shall be derived from monies authorized in Restricted Contingency as part of the 2022 Authorized Budget, and be it further RESOLVED, That Common Council hereby directs the Controller to move funds from Restricted Contingency to the Department of Public Information and Technology as necessary to account for said roster amendment. 3.2 – Finance - Approval of the 2023 Amended Municipal Cooperative Agreement for the Greater Tompkins County Municipal Health Insurance Consortium WHEREAS, the City of Ithaca is a Participant in the Greater Tompkins County Municipal Health Insurance Consortium (the "Consortium"), a municipal cooperative organized under Article 47 of the New York Insurance Law, and WHEREAS, the municipal participants in the Consortium, have approved and executed a certain Municipal Cooperation Agreement (the "Agreement"; effective date of October 1, 2010) and the 2023 Amendment that provides for the operation and governance of the Consortium, and WHEREAS, the Consortium's Board of Directors has recommended approval of the 2023 amended agreement, and WHEREAS, the Municipal Cooperative Agreement requires that amendments to the agreement be presented to each participant for review and adopted by each municipal board; now, therefore, be it RESOLVED, That the City of Ithaca approves and authorizes the Chief Executive Officer to sign the 2023 Amendment to the Municipal Cooperative Agreement of the Greater Tompkins County Municipal Health Insurance Consortium, and be it further RESOLVED, That the Clerk of the City of Ithaca is hereby authorized to execute this Resolution to indicate its approval, transmit a copy thereof to the Board of Directors of the Greater Tompkins County Municipal Health Insurance Consortium, and take any other such actions as may be required by law. 3.3 Resolution to Authorize a Building Resilient Infrastructure and Communities (BRIC) Application WHEREAS, the Federal Emergency Management Agency (FEMA) has announced a funding opportunity for the Building Resilient Infrastructure and Communities (BRIC) grant, and WHEREAS, the City of Ithaca completed a Local Flood Hazard Analysis (LFHA) in 2020, which identified flood risks from a 100-year (1% probability) event along with specific mitigation measures to reduce those flood risks, and WHEREAS, the City of Ithaca recently adopted the FEMA approved Hazard Mitigation Plan update prepared by Tompkins County, which includes the mitigation measures identified in the LFHA, and WHEREAS, FEMA recently issued draft flood maps for the City of Ithaca which are consistent with the flood risks identified in the LFHA, and will eventually replace the 1981 Flood Insurance Rate Maps (FIRMs), and show a significantly larger flood zone than the 1981 FIRMs which will greatly affect the number of properties requiring flood insurance, and WHEREAS, the proposed mitigation measures will increase flow capacity for Fall, Cascadilla, and Six Mile Creeks, prevent backflow related flooding through the storm system, reduce flood risk for large portions of the City, and reduce the flood zones shown on the proposed FEMA maps, now therefore be it RESOLVED, That the Mayor of the City of Ithaca, is hereby authorized and directed to submit an application in accordance with the provisions of the BRIC grant, in an amount not to exceed $12,000,000, and upon approval of said request to enter into and execute a project agreement for such financial assistance to the City of Ithaca for design, right-of-way acquisition, construction and construction inspection of a project as described above, and it is hereby further RESOLVED, That contingent upon award of the BRIC funds, the Common Council hereby authorizes the establishment of Capital Project #913 to pay in the first instance 100% of the federal and non-federal share of the cost of all work for the Project; and it is further RESOLVED, That contingent upon award of the BRIC funds, the sum not to exceed $3,000,000 is hereby appropriated from serial bonds and made available to cover the cost of participation in the above Project in the first instance; and it is further RESOLVED, That the total project cost shall not exceed $12,000,000 with the understanding that the breakdown of funds to be approximately $9,000,000 in BRIC funds, and $3,000,000 in City of Ithaca serial bond financing, to be administered by the Superintendent of Public Works, and be it further RESOLVED, That in the event the full federal and non-federal share costs of the project exceed the amount appropriated above, the City of Ithaca Common Council shall convene as soon as possible to appropriate said excess amount immediately upon the notification by FEMA 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 that the Superintendent of Public Works is hereby authorized to execute all certifications or reimbursement requests for BRIC funding on behalf of the City of Ithaca 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 all Project costs that are not so eligible; 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: 607/274-6531 Fax: 607/274-6587 “An Equal Opportunity Employer with a commitment to workforce diversification.” MEMORANDUM Date: October 20, 2022 To: Common Council From: Michael Thorne, Superintendent of Public Works Subject: BRIC Funding Commitment Dear Council Members The Department of Public Works issued a Local Flood Hazard Analysis (LFHA) in 2020 which identified significant flood risks in the City of Ithaca, as well as mitigation measures to eliminate those risks. Recently, FEMA issued draft regulatory flood maps to eventually replace the 1981 Flood Insurance Rate Maps (FIRMs) currently in effect, and the draft maps are consistent with the results of the LFHA. The new regulatory maps are expected to take effect within the next 18 months and will greatly increase flood insurance requirements for numerous residential and commercial properties that will now be included in the new flood zones. Attached is a figure showing the impact of the new FEMA maps. FEMA has recently announced a funding opportunity for Building Resilient Infrastructure and Communities (BRIC) grants to fund projects such as those mitigation measures identified in the LFHA. BRIC grants provide 75% of project costs with a local share making up the remaining 25%. The project will consist of flood barriers, levee improvements, and related devices along Six Mile, Cascadilla, and Fall Creeks to increase the flow capacity of the creeks and prevent backflow into surrounding neighborhoods. The estimated cost for final design and construction is $12 million, of which $3 million would be through local funds. A similar funding commitment request was made earlier this year for the same project under the Hazard Mitigation Grant Program (HMGP). Awards for HMGP funds won’t be known until early 2023, and FEMA and NYSDHSES recommended that the City apply for the BRIC grant in addition to HMGP funds, however only one will be awarded. NY State Plane, Central GRS 80 Datum Map Source: Tompkins County Digital Planimetric Map 1991-2021 Data Source: FEMA, 2022, City of Ithaca Bldg Division, 2021 Map Prepared by: Dept. of Planning, City of Ithaca, NY, February 2022 # # !( !( !( !( !( !(!( !( !(!( !( !( !( !(!(!(!(!(!(!(!(!(!(!(!( !( !(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !(!(!(!(!(!(!(!(!(!(!(!(!(!(!( !(!(!( !(!(!( !(!(!( !(!(!( !( !(!( !( !(!(!(!(!(!(!(!(!(!( !( !( !( !( !(!( !( !(!(!( !(!( !(!( !(!(!( !(!(!(!(!(!(!(!(!(!(!(!(!(!(!( !( !( !( !(!(!( !( !(!(!(!(!(!(!(!(!(!(!(!(!(!(!( !(!(!(!( !(!( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !(!( !( !( !( !( !(!( !( !( !( ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! !!! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!! !!!!!!!!!!!!!!!! ! ! ! ! ! !! !!! ! ! ! ! ! ! ! ! !!!!!!!!!!! !! ! ! ! ! ! ! ! ! ! !! !!! ! !!!!!!! ! ! !!! ! ! ! !! ! ! ! ! !!!!!!!! ! !!!!! ! !! ! !!!! !!! ! !! !!! ! !! ! !! ! ! ! ! ! ! ! ! ! ! ! !!! ! !! ! !!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!! ! ! ! !! ! ! !!! !!!! !!! ! ! ! ! ! ! ! ! !!! ! ! ! !! !!! !!!!!! !! ! ! ! ! ! ! !!!! !!!! ! ! ! ! ! !! ! !! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! !!! ! ! ! !! !!! !! ! ! ! ! ! ! !!! ! !!! ! ! ! !! ! !!!!! ! ! ! !!! ! ! ! ! ! ! ! ! ! ! !! !!!!!! ! ! ! !!!!!!!!!!! !! ! ! !!! ! !!! ! !!!!! !!!!!!!!!! ! !! ! ! ! ! ! ! ! !! ! ! !! !!!! ! ! ! ! ! ! ! ! !! !! !! ! !! ! ! ! ! ! ! ! ! ! !!!!!! !! !! !! !!! ! ! !! ! ! ! ! ! !! ! !!!!!! !! !!!! !!!! !!! ! ! ! ! ! ! ! !! !! !!!!!!!! ! ! ! ! !!!!!!! ! ! !! ! ! !!!!! !!!!!!!! ! !! !!! ! ! ! !! ! ! !!!!!!!! ! !!! !!!! !! ! ! ! ! !!!!!!!!!!! ! !!! !!! !! ! ! !!!!!! ! !!!!! ! ! ! !!!!!!!! !!!!! !! ! !!! !!!! !!!! !! ! ! !!!! ! !!!! !! ! ! ! ! ! ! ! !!! ! ! ! ! ! ! ! ! ! !! !!!!!! ! !!! !!!!!!!!!!! ! ! !!!!!!!! !!!!!!!!!!!!!!!!!!!!!! ! ! !!!!!! !!! !!!!! !! ! !! ! !! ! ! !!!! ! !! !!!!! ! !! ! ! ! ! !! ! ! !!!!!! ! !! ! !!! ! ! ! ! ! ! !!! ! !!! !!!!!!! ! ! ! !!!! !! !! ! ! ! ! !!! !!! !! ! ! ! ! ! ! ! ! !! !!!! !!!! !!!!!!! ! !!!!!! ! !!!!!!!!!!!!!!!!!!!! !! ! !!!!!!! !!!!!! !!!! !! ! !! !!!!! !!!!!!!!!!! !! !! ! ! ! !! !!!!! ! ! !!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! !! !! !! ! ! ! ! ! !! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! !!! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! !! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! !!! ! ! ! !! ! ! ! ! ! !!!! ! ! !!!!!!!!! CL IFF S T ELM IRA R D E STA T E S T H E C T O R S T FLO R AL A V E TA U G H A N N O C K B L V D N M E A D O W S T W SENECA ST S ME A D O W S T ST A T E R O U T E 1 3 W GREEN ST S A U R O RA ST N FU LT O N S T W CLINTON ST ITHA C A RD W BUF F A L O ST W STAT E ST E GREEN ST MITCHELL ST S F U LT O N S T E SENECA ST S E N E C A W AY DANBY RD P ROSPE C T S T JA M E S L G IBB S DR ST A T E R O UTE 1 3 ± 2022 Preliminary FEMA Flood Zone Boundaries Comparison with 1981 Approximate Boundaries, with Buildings, City of Ithaca, NY 0 2,000 4,000 Feet !Bldgs included in 2022 !(Bldgs included in 1981 Border Flood Zone Prelim. 2022 A AE Flood Zone 1981 A AE 2022 Bldg Type 1981 Bldg Type PLANNING & ECONOMIC DEVELOPMENT COMMITTEE: 4.1 Proposal for the City of Ithaca to enter into an MOU with Center for Community Transportation for a Bikeshare program in the Right-of-Way WHEREAS, the City of Ithaca desires to provide safe and affordable multi-modal transportation options to all residents, reduce traffic congestion, and maximize carbon-free mobility, and WHEREAS, in furtherance of its transportation goals, the City desires to make bikeshare services available to City residents, visitors, and commuters, and WHEREAS, the Center for Community Transportation (CCT) proposes to operate a bikeshare program within the City that will efficiently and effectively provide such bikeshare services, and WHEREAS, CCT and the City have agreed upon the attached MOU language and wish to enter into the MOU for CCT to provide bikeshare services in the City, and WHEREAS, CCT and the City are parties to a certain “Funding Agreement for between the City of Ithaca and Center for Community Transportation for the Center for Community Transportation’s Purchase of Electric Bicycles to Establish a Community Bike Share Program” that would facilitate the purchase of bicycles for use in the bikeshare program for the City of Ithaca, which agreement constitutes consideration for this Agreement; now, therefore be it RESOLVED, That Common Council hereby agrees that the City may enter into the MOU agreement with CCT under the terms of the attached MOU. Page | 1 MEMO - Proposed MOU between CCT (for Ithaca Bikeshare) and City of Ithaca CITY OF ITHACA 108 E. Green Street, Ithaca, New York 14850-6590 Department of Public Works - Engineering Division Telephone: 607-274-6530 Fax: 607-274-6487 TO: Planning and Economic Development Committee FROM: Erin Cuddihy, Transportation Engineer DATE: October 12, 2022 RE: Proposed MOU between CCT (for Ithaca Bikeshare) and City of Ithaca The City of Ithaca desires to provide safe and affordable multi-modal transportation options to all residents, reduce traffic congestion, and maximize carbon-free mobility. In furtherance of its transportation goals, the City desires to make bikeshare services available to City residents, visitors, and commuters. The Center for Community Transportation (CCT) proposes to operate a bikeshare program within the City that will efficiently and effectively provide such bikeshare services. CCT and the City have agreed upon the attached MOU language and wish to enter into the MOU for CCT to provide bikeshare services in the City. Relatedly, CCT and the City are parties to a certain “Funding Agreement for between the City of Ithaca and Center for Community Transportation for the Center for Community Transportation’s Purchase of Electric Bicycles to Establish a Community Bike Share Program” that would facilitate the purchase of bicycles for use in the bikeshare program for the City of Ithaca, which agreement constitutes consideration for this Agreement. Attached is the MOU language and a resolution for your consideration. Please feel free to reach out should you have any questions. Erin Cuddihy, Transportation Engineer, City of Ithaca 607-375-7818, ecuddihy@cityofithaca.org October 19, 2022 To: Planning and Economic Development Committee Re: Item 5(b)-Updated Bikeshare Memorandum of Understanding Dear Members of the Committee, Please find included with this memorandum an updated draft of the memorandum of understanding proposed to be entered into regarding the bikeshare program, along with a redline showing the changes from the version submitted for your consideration last week. These revisions are the result of continued discussions between City staff and CCT, and have been reviewed by our office. Sincerely, Victor J. Kessler Assistant City Attorney 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 Maury B. Josephson, Assistant City Attorney Victor J. Kessler, Assistant City Attorney Paul M. O’Brian, Assistant City Attorney Jody Andrew, Executive Assistant Page 1 of 7 Memorandum of Understanding between the Center for Community Transportation, Inc. and the City of Ithaca This Memorandum of Understanding (“MOU” or “Agreement”) was made this ____ day of November, 2022, between the Center for Community Transportation, Inc. ("CCT") and the City of Ithaca (“City"). RECITALS 1. The City desires to provide safe and affordable multi-modal transportation options to all residents, reduce traffic congestion, and maximize carbon-free mobility. 2. In furtherance of its transportation goals, the City desires to make bikeshare services available to City residents, visitors, and commuters. 3. CCT proposes to operate a bikeshare program within the City that will efficiently and effectively provide such bikeshare services. 4. CCT and the City are parties to a certain “Funding Agreement for between the City of Ithaca and Center for Community Transportation for the Center for Community Transportation’s Purchase of Electric Bicycles to Establish a Community Bike Share Program” that would facilitate the purchase of bicycles for use in the bikeshare program for the City of Ithaca, which agreement constitutes consideration for this Agreement. AGREEMENT 1. CCT Fleet. CCT will employ GPS, IoT, 5G, and self-locking technology in its bicycle fleet such that bicycles owned and maintained by CCT for use in the bikeshare program (“Bikes”) may be locked and opened by users with an app and tracked to provide for operations and maintenance. 2. Use of City Property. The City grants CCT a revocable license to use the public way in connection with its bikeshare program solely for the purposes set forth in this Agreement. This authorization is not a lease or an easement, and is not intended and shall not be construed to transfer any interest in any real property in which the City has any legal interest whatsoever, including without limitation a fee interest, leasehold interest, or easement (“City Property”). 3. Permitted Use & Bike Parking. CCT bikeshare users (“Users”) may use the public way for parking and operating Bikes for use in the bikeshare program. CCT shall not place or attach any personal property, fixtures, or structures to City Property without the prior written consent of the City. Page 2 of 7 a. Use of the public way, and CCT's bikeshare operations within the City, shall, at a minimum: i. not adversely affect any City Property, including without limitation streets and sidewalks; ii. not adversely affect the property of any third parties; iii. not inhibit pedestrian or vehicular movement within the public way or along other property or rights-of-way owned or controlled by the City; and iv. not create conditions which compromise public safety and security. b. CCT shall ensure that all Bikes are stored or parked in an upright position. c. CCT shall ensure that in-service Bikes are not stored or parked, including without limitation by Users, in any of the following locations: i. In a location or manner that obstructs a street, sidewalk, crosswalk, driveway, or building entrance or exit (including emergency exits) ii. In a parking space designated for motor vehicles iii. In a fire lane or other such location that may imperil public safety iv. Inside any building v. Outside the City right-of-way, unless written landowner consent is obtained d. The foregoing restrictions on the storage or location of Bikes shall not apply to Bikes taken out of service by CCT for repairs, system rebalancing, or similar operational needs, until such Bikes are put back into service. e. CCT shall, at its own cost and expense and on a regular basis (and in any event no less than once per day, excluding state or federal holidays), conduct checks of its Bikes to ensure that they are in an upright position, not stored or parked in the locations specified above, and meet the minimum standards provided in this MOU. f. Upon termination of this MOU by either party, CCT shall, at its sole cost and expense, immediately remove all Bikes and other CCT property from the public way. 4. Condition of City Property. City assumes no liability for loss or damage to CCT's Bikes or any other CCT property. CCT agrees that City is not responsible for providing security at any location where Bikes or other CCT property are stored or located, and CCT hereby waives any claim against City in the event that Bikes or other CCT property are lost or damaged. 5. Maintenance and Care of City Property. CCT agrees to repair, replace, or otherwise restore any and all real or personal property that is damaged, lost, or destroyed as a direct or indirect result of or in connection with CCT's bikeshare Page 3 of 7 program, CCT’s use of City Property, or this MOU. CCT further agrees to bear all costs associated with removal of Bikes discarded or abandoned in or on City waterways, mesh under bridges, or any other City Property, including the costs of any restoration or repairs required as a result of such removal. Should CCT fail to repair, replace, or otherwise restore such real or personal property, CCT expressly agrees to pay City's full costs, plus an additional 25% administrative fee, in making such repairs, replacements, or restorations. Responsibility for removal of Bikes or other CCT property from locations other than City Property shall be the sole responsibility of CCT. 6. Operations & Maintenance. a. CCT shall bear all operations and maintenance costs, at no cost to the City, for the Bikes and related equipment. b. CCT shall meet the service and reporting requirements specified in Exhibit A. c. CCT shall provide to the City a Point of Contact with control over the services provided in this MOU for the duration of the MOU. d. CCT shall maintain the Bikes in an excellent state of cleanliness and repair, with a minimum of 90% of deployed bikes operable at any time. e. CCT shall maintain sufficient staffing to meet all its obligations under this Agreement. f. CCT agrees to fully participate in an Ithaca Bikeshare Oversight Committee, which shall, at a minimum, include representatives from CCT and the City of Ithaca. At the City's discretion, other people, such as, but not limited to, representatives from TCAT, adjoining municipalities, or schools, may be included. This group will meet at least one week before the program launch, and monthly thereafter. At the City's sole discretion, this group may meet quarterly instead of monthly. It is expected that the Oversight Committee will review data and reports provided by CCT about monthly and cumulative operations (service area, deployment and rebalancing, customer enrollment, usage [i.e. numbers of rides, duration, origin/destination, routes traveled], fleet condition, complaints, parking issues, injuries, etc.). g. CCT shall respond in writing (for which email will be sufficient) within five business days regarding issues or questions raised by the Oversight Committee or by the City. 7. Indemnification. To the fullest extent permitted by law, CCT shall defend, pay, indemnify and hold harmless the City, its officers, officials, employees, agents, invitees, and volunteers from all claims, suits, actions, damages, demands, costs or expenses of any kind or nature by or in favor of anyone whomsoever and from and against any and all costs and expenses, including without limitation court costs and reasonable attorneys' fees, resulting from or in connection with loss of life, bodily or Page 4 of 7 personal injury, property damage, and any incidental or consequential damages arising directly or indirectly out of, from, on account of, or in connection with: a. Any occurrence upon, at, or from City Property or occasioned wholly or in part by the entry, use, or presence upon City Property by CCT or by anyone making use of City Property at the invitation or sufferance of CCT. b. Use of CCT's Bikes by any individual, regardless of whether such use was with or without the permission of CCT, including any and all claims by users of the Bikes or third parties. c. Any other claim, suit, action, damage, demand, cost, or expense arising from or relating to this MOU. 8. Insurance. CCT shall procure and maintain for the duration of this Agreement insurance against claims for which CCT has indemnified the City pursuant to Section 5 of this Agreement. CCT shall maintain General Liability limits no less than One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury, property damage, and/or death of one or more persons, a General Liability total aggregate limit of Two Million Dollars ($2,000,000), and Umbrella/Excess Coverage of Three Million Dollars ($3,000,000), for a total aggregate limit of no less than Five Million Dollars ($5,000,000). Each insurance policy shall name the City as an additional insured and a waiver of subrogation shall apply on all policies in favor of the City. All policies shall be endorsed to state that: (i) coverage shall not be suspended, voided, or canceled by either party, or reduced in coverage or in limits except after thirty (30) calendar days prior written notice bv certified mail, return receipt requested, has been given to City; and (ii) for any covered claims, CCT’s insurance coverage shall be primary insurance with respect to the City, and any insurance or self-insurance maintained by the City shall be in excess of CCT’s insurance and shall not contribute with it. Insurance coverage required under this provision shall be procured from an insurance carrier licensed in New York State, and shall be rated no lower than "A- VII" by the most recent A.M. Best's Key Rating Guide. CCT shall also produce proof of workers’ compensation coverage or demonstrate an exemption therefrom by submitting one of the following forms to the City: • CE-200 - Certificate of Attestation of Exemption from NYS Workers’ Compensation, OR • C-105.2 - Certification of NYS Workers’ Compensation Insurance, OR • U-26.3 - State Insurance Fund version), OR • SI-12 - Certificate of NYS Workers’ Compensation Self Insurance, OR • GSI-105.2 - Certificate of NYS Workers’ Compensation Group Self- Insurance 9. Compliance with Law. CCT, at its own cost and expense, shall comply with all statutes, ordinances, regulations, rules, and requirements of all governmental entities Page 5 of 7 applicable to its use of City Property and the operation of its bikeshare program, including but not limited to laws governing operation of bicycles and the use of public space. If any license, permit, or other governmental authorization is required for CCT's lawful use or occupancy of City property or any portion thereof, CCT shall procure and maintain such license, permit, and/or governmental authorization throughout the term of this Agreement. 10. Required Reports. CCT shall provide reports to the City concerning utilization of its Bikes and route usage not less than monthly, and shall cooperate with the City in the collection and analysis of aggregated data concerning its operations. 11. No Joint Venture. Nothing herein contained shall be in any way construed as expressing or implying that the parties have joined together in any partnership, joint venture or liability company or in any manner have agreed to or are contemplating the sharing of profits and losses among themselves in relation to any matter relating to this MOU. 12. Term & Termination. a. This Agreement shall commence on the date of execution and shall expire on the date that is 5 years after the date of execution, and shall automatically renew in 5- year terms unless earlier terminated. b. Notwithstanding the foregoing, either party may terminate this Agreement without cause upon delivery of written notice 90 days in advance to the other party. The City may, but shall not be required to, terminate this Agreement upon delivery of written notice 7 days in advance in the event that CCT fails to comply with any term of this MOU. c. Upon termination of this Agreement, CCT shall promptly return to the City any and all equipment in CCT’s possession belonging to the City or purchased with funds provided by the City, or otherwise dispose of said equipment in a manner directed by the City. 13. Counterparts. This Agreement may be executed simultaneously or in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement. Page 6 of 7 Executed the day and year first above written, by CCT and by the City of Ithaca as follows. Center for Community Transportation, Inc. By: ___________________________ Name: ___________________________ Title: ___________________________ City of Ithaca By: ___________________________ Name: ___________________________ Title: ___________________________ Page 7 of 7 EXHIBIT A Performance Standards and Reporting In addition to all other requirements of the MOU, CCT shall meet the following performance standards and report the same to the City on a quarterly basis: Performance Indicator Description Measurement Tool Minimum Performance Standard App & customer support CCT bikeshare app fully operational Uptime reporting 99.5% uptime Bicycle distribution Maps showing trends in peak bike distribution Maps showing aggregate usage patterns Fleet will be distributed within the City of Ithaca to respond to User demand. Bicycles in service Number of bicycles in service Daily uptime reports Deploy and maintain a minimum of 100 bicycles in service each calendar month. Bicycles will be phased into deployment over a 6- week period from program launch. Report responsive Response time to improper bike parking / other problems communicated to Customer Service Time relative to report logs For any report filed between 8 am and 8 pm, excluding state or federal holidays: Within two hours. For any other report: prior to 10 am on the following non- holiday day. Page 1 of 9 Formatted: Left Memorandum of Understanding between the Center for Community Transportation, Inc. and the City of Ithaca This Memorandum of Understanding (“MOU” or “Agreement”) was made this ____ day of November, 2022, between the Center for Community Transportation, Inc. ("(“CCT")”) and the City of Ithaca (“City").”). RECITALS 1. The City desires to provide safe and affordable multi-modal transportation options to all residents, reduce traffic congestion, and maximize carbon-free mobility. 2. In furtherance of its transportation goals, the City desires to make bikeshare services available to City residents, visitors, and commuters. 3. CCT proposes to operate a bikeshare program within the City that will efficiently and effectively provide such bikeshare services. 4. CCT and the City are parties to a certain “Funding Agreement for between the City of Ithaca and Center for Community Transportation for the Center for Community Transportation’s Purchase of Electric Bicycles to Establish a Community Bike Share Program” that would facilitate the purchase of bicycles for use in the bikeshare program for the City of Ithaca, which agreement constitutes consideration for this Agreement. AGREEMENT 1. CCT Fleet. CCT will employ such technology as GPS, IoT, 5G, and self-locking technology in its bicycle fleet such that bicycles owned and maintained by CCT for use in the bikeshare program (“Bikes”) may be locked and opened by users with an app and tracked to provide for operations and maintenance. 2. Use of City Property. The City grants CCT a revocable license to use the public way in connection with its bikeshare program solely for the purposes set forth in this Agreement.Section 3 below. This authorization is not a lease or an easement, and is not intended and shall not be construed to transfer any interest in any real property in which the City has any legal interest whatsoever, including without limitation a fee interest, leasehold interest, or easement (“City Property”). 3. Permitted Use & Bike Parking. CCTPursuant to the license granted in Section 2 above, CCT and its bikeshare users (“Users”) may use the public way for parking and operating Bikes for use in connection with the bikeshare program. CCT shall not place or attach any personal property, fixtures, or structures to City Property without the prior written consent of the City. Page 2 of 9 Formatted: Left a. Use of the public way, and CCT's bikeshare operations within the City, shall, at a minimum: 4. CCT’s Management of Public Safety. a. CCT shall require all Users to agree to certain terms and conditions substantially similar to those set forth on Exhibit B hereto, shall employ a monitoring process sufficient to ensure that Users comply with all terms and conditions of the bikeshare program, and shall revoke a User’s rights to participate in the bikeshare program if such User repeatedly or willfully fails to comply with such terms and conditions. The terms and conditions shall, at minimum, address the items set forth in subparagraph b of this Section 4. b. CCT shall develop, implement, and enforce such policies with respect to the operation of the bikeshare program that are reasonably calculated to ensure that the program shall: i. not adversely affectdamage, obstruct, or unreasonably interfere with any City Property, including without limitation streets and sidewalks; ii. not adversely affectnot damage, obstruct, or unreasonably interfere with the property of any third parties; iii. not inhibit pedestrian or vehicular movement within the public way or along other property or rights-of-way owned or controlled by the City; and iv. not create conditions which compromise public safety and security. b.v. CCT shalluse commercially reasonable efforts to ensure that all Bikes are stored or parked in an upright position. c.vi. CCT shall ensure that in-service Bikes are not stored or parked, including without limitation by Users, in any of the following locations: i.1. In a location or manner that obstructs a street, sidewalk, crosswalk, driveway, or building entrance or exit (including emergency exits) ii.2. In a parking space designated for motor vehicles iii.3. In a fire lane or other such location that may imperil public safety iv. Inside any building v. Outside the City right-of-way, unless written landowner consent is obtained d.4.The foregoing restrictions on the storage or location of Bikes shall not apply (except to the extent that Bikes are taken out of service by CCT for repairs, system rebalancing, or similar operational needs, until such Bikes are put back into service.) Formatted Formatted Formatted: Space After: 0 pt, Don't add spacebetween paragraphs of the same style Page 3 of 9 Formatted: Left 5. CCT shall,Outside the City right-of-way, except that Bikes may be parked outside the City right-of-way during business hours at its own costlocations that are held open to the general public and expense and onthat provide adequate facilities for locating Bikes, such as grocery stores or retail locations. e. vii. Include a regular basisresponsive monitoring system to conduct checks as frequent as is commercially reasonable (and in any event no less than once per day48 hours, excluding state or federal holidays), conduct checks) of its Bikes to ensure that they are in an upright position, not stored or parked in the locations specified above, and meet the minimum standards provided in this MOU. f. Upon termination of this MOU by either party, CCT shall, at its sole cost and expense, immediately remove all Bikes and other CCT property from the public way. 4.5. Condition of City Property. City assumes no liability for loss or damage to CCT's Bikes or any other CCT property. CCT agrees that City is not responsible for providing security at any location where Bikes or other CCT property are stored or located, and CCT hereby waives any claim against City in the event that Bikes or other CCT property are lost or damaged. 5.6. Maintenance and Care of City Property. CCT agrees to repair, replace, or otherwise restore any and all real or personal property that is damaged, lost, or destroyed as a direct or indirect result of or in connection with CCT's bikeshare program, CCT’s use of City Property, or this MOU. CCT further agrees to bear all costs associated with removal of Bikes discarded or abandoned in or on City waterways, mesh under bridges, or any other City Property or City-controlled lands, including the costs of any restoration or repairs required as a result of such removal. Should CCT fail to repair, replace, or otherwise restore such real or personal property within two (2) hours’ notice to CCT when made between 9:00 am and 5:00 pm and four (4) hours’ notice to CCT when made between 5:01 pm and 8:59 am, CCT expressly agrees to pay City's full costs, plus an additional 25% administrative fee, in making such repairs, replacements, or restorations. Responsibility for removal of Bikes or other CCT property from locations other than City Property and City- controlled lands shall be the sole responsibility of CCT. 6.7. Operations & Maintenance. a. CCT shall bear all operations and maintenance costs, at no cost to the City, for the Bikes and related equipment. b. CCT shall meet the service and reporting requirements specified in Exhibit A. c. CCT shall provide to the City a Point of Contact with control over the services provided in this MOU for the duration of the MOU. Formatted: Indent: Left: 1.19", No bullets ornumbering Page 4 of 9 Formatted: Left d. CCT shall maintain the Bikes in an excellenta commercially reasonable state of cleanliness and repair, with a minimum of 90% of deployed bikes operable at any time. e. CCT shall maintain sufficient staffing to meet all its obligations under this Agreement. f. CCT agrees to fully participate in an Ithaca Bikeshare Oversight Committee, which shall, at a minimum, include representatives from CCT and the City of Ithaca. At the City's discretion, other people, such as, but not limited to, representatives from TCAT, adjoining municipalities, or schools, may be included. This group will meet at least one week before the program launch, and monthly thereafter. At the City's sole discretion, this group may meet quarterly instead of monthly. It is expected that the Oversight Committee will review data and reports provided by CCT about monthly and cumulative operations (service area, deployment and rebalancing, customer enrollment, usage [i.e. numbers of rides, duration, origin/destination, routes traveled], fleet condition, complaints, parking issues, injuries, etc.). g. CCT shall respond in writing (for which email will be sufficient) within five business days regarding issues or questions raised by the Oversight Committee or by the City. 7.8. Indemnification. To the fullest extent permitted by law, CCT shall defend, pay, indemnify and hold harmless the City, its officers, officials, employees, agents, invitees, and volunteers from all claims, suits, actions, damages, demands, costs or expenses of any kind or nature by or in favor of anyone whomsoever and from and against any and all costs and expenses, including without limitation court costs and reasonable attorneys' fees, resulting from or in connection with loss of life, bodily or personal injury, property damage, and any incidental or consequential damages arising directly or indirectly out of, from, on account of, or in connection with: a. Any occurrence upon, at, or from City Property or occasioned wholly or in part by the entry, use, or presence upon City Property byof CCT or by anyone making a User when resulting from the bikeshare program or use of a Bike, except such loss or damage which was caused by the sole negligence, recklessness, or willful misconduct of the City Property at the invitation or sufferance of CCT. b. Use of CCT's Bikes by any individual, regardless of whether such use was with or without the permission of CCT, including any and all claims by users of the Bikes or third parties. c. Any other claim, suit, action, damage, demand, cost, or expense arising from or relating to this MOU. d. Limitations on Indemnification. The indemnification granted under this Section 8 shall not be available to the extent any such claim arises solely out of or Page 5 of 9 Formatted: Left results solely from the City’s gross negligence or willful misconduct unrelated to the operation of the bikeshare program. 8.9. Insurance. CCT shall procure and maintain for the duration of this Agreement insurance against claims for which CCT has indemnified the City pursuant to Section 5 of this Agreement. CCT shall maintain General Liability limits no less than OneTwo Million Dollars ($12,000,000) per occurrence for bodily injury, personal injury, property damage, and/or death of one or more persons, with a General Liability total aggregate limit of Two Million Dollars ($2,000,000), and Umbrella/Excess Coverage of Three Million Dollars ($3,000,000), for a total aggregate limit of no less than Five Million Dollars ($5,000,000). Each insurance policy shall name the City as an additional insured and a waiver of subrogation shall apply on all policies in favor of the City. All policies shall be endorsed to state that: (i) coverage shall not be suspended, voided, or canceled by either party, or reduced in coverage or in limits except after thirty (30) calendar days prior written notice bvby certified mail, return receipt requested, has been given to City; and (ii) for any covered claims, CCT’s insurance coverage shall be primary insurance with respect to the City, and any insurance or self-insurance maintained by the City shall be in excess of CCT’s insurance and shall not contribute with it. Insurance coverage required under this provision shall be procured from an insurance carrier licensed in New York State, and shall be rated no lower than "A- VII" by the most recent A.M. Best's Key Rating Guide. CCT shall also produce proof of workers’ compensation coverage or demonstrate an exemption therefrom by submitting one of the following forms to the City: • CE-200 - Certificate of Attestation of Exemption from NYS Workers’ Compensation, OR • C-105.2 - Certification of NYS Workers’ Compensation Insurance, OR • U-26.3 - State Insurance Fund version), OR • SI-12 - Certificate of NYS Workers’ Compensation Self Insurance, OR • GSI-105.2 - Certificate of NYS Workers’ Compensation Group Self-Insurance 9.10. Compliance with Law. CCT, at its own cost and expense, shall comply with all statutes, ordinances, regulations, rules, and requirements of all governmental entities applicable to its use of City Property and the operation of its bikeshare program, including but not limited to laws governing operation of bicycles and the use of public space. If any license, permit, or other governmental authorization is required for CCT's lawful use or occupancy of City property or any portion thereof, CCT shall procure and maintain such license, permit, and/or governmental authorization throughout the term of this Agreement. 10.11. Required Reports. CCT shall provide reports to the City concerning utilization of its Bikes and route usage not less than monthly, and shall cooperate with the City in the collection and analysis of aggregated data concerning its operations. Page 6 of 9 Formatted: Left 11.12. No Joint Venture. Nothing herein contained shall be in any way construed as expressing or implying that the parties have joined together in any partnership, joint venture or liability company or in any manner have agreed to or are contemplating the sharing of profits and losses among themselves in relation to any matter relating to this MOU. 13. Dispute Resolution. a. CCT and the City are committed to work together for the successful operation of a bikeshare program. In the event that the City believes that CCT is in violation of this MOU, or is otherwise failing to adequately operate a safe bikeshare program, the City shall provide notice of such violation or failure to CCT. Within five days of receipt of such notice, CCT shall provide a written response to the City identifying the corrective measures CCT will undertake to remedy any identified breach, which measures shall be undertaken as soon as practicable and no later than seven days following the date of CCT’s response unless such other time is agreed to by the City and CCT. b. In the event that CCT fails to sufficiently remedy any such breach within the time provided above, the City may pursue any appropriate remedies for the identified breach, and CCT and the City shall also promptly meet to discuss the causes of the violation or failures and, at the City’s option, to develop a corrective plan to be implemented by CCT for remedying the same. 12.14. Term & Termination. a. This Agreement shall commence on the date of execution and shall expire on the date that is 5 years after the date of execution, and shall automatically renew in 5-year terms unless earlier terminated. b. Notwithstanding the foregoing, either party may terminate this Agreement without cause upon delivery of written notice 90120 days in advance to the other party. The City may, but shall not be required to, terminate this Agreement upon delivery of written notice 7 days in advance in the event that CCT fails to comply with any term of this MOU. c. Upon termination of this Agreement, CCT shallThe City may terminate this Agreement for cause 14 days after the Common Council votes to terminate this MOU for CCT’s failure to materially comply with the terms of this MOU. For purposes of this Section 14(c), the City agrees that it shall first pursue the dispute resolution mechanisms provided in Section 13(a) above prior to Common Council’s final determination to terminate the MOU, and that CCT shall have an opportunity to submit written information to Common Council prior to such final determination. c.d. If this Agreement is terminated within three (3) years of the date hereof, CCT shall, at the direction of the City, promptly return to the City any and all equipment in CCT’s possession belonging to the City or purchased with funds Page 7 of 9 Formatted: Left provided by the City, or otherwise dispose of said equipment in a manner directed by the City provided it shall be used for the public good, or reimburse the City monies paid to it under the Funding Agreement. e. Upon termination of this MOU by either party, CCT shall, at its sole cost and expense, immediately remove all parked Bikes and other CCT property from the public way. This provision shall not be construed to prohibit CCT from storing its Bikes on property other than City Property with the consent of the owner of such property, to prohibit CCT from renting its Bikes to its Users, or to preclude Users from operating Bikes upon the public way in the same manner and subject to the same conditions as any other member of the general public absent a license to park said Bikes in the public way. 13.15. Counterparts. This Agreement may be executed simultaneously or in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement. Page 8 of 9 Formatted: Left Executed the day and year first above written, by CCT and by the City of Ithaca as follows. Center for Community Transportation, Inc. By: ___________________________ Name: ___________________________ Title: ___________________________ City of Ithaca By: ___________________________ Name: ___________________________ Title: ___________________________ Page 9 of 9 Formatted: Left EXHIBIT A Performance Standards and Reporting In addition to all other requirements of the MOU, CCT shall meet the following performance standards and report the same to the City on a quarterly basis: Performance Indicator Description Measurement Tool Minimum Performance Standard App & customer support CCT bikeshare app fully operational Uptime reporting 99.5% uptime Bicycle distribution Maps showing trends in peak bike distribution Maps showing aggregate usage patterns Fleet will be distributed within the City of Ithaca to respond to User demand. Bicycles in service Number of bicycles in service Daily uptime reports Deploy and maintain a minimum of 100 bicycles in service each calendar month. Bicycles will be phased into deployment over a 6-week period from program launch. Report responsive Response time to improper bike parking / other problems communicated to Customer Service Time relative to report logs For any report filed between 8 am and 8 pm, excluding state or federal holidays: Within two hours. For any other report: prior to 10 am on the following non-holiday day. Formatted Table 4.2 Adoption of the City of Ithaca Drinking Water Source Protection Plan – Resolution WHEREAS, first established in 1903, the City of Ithaca Drinking Water Plant (DWP), serves approximately thirty thousand citizens, as well as visitors and businesses of the City of Ithaca, and is sourced by the Six Mile Creek watershed, and WHEREAS, the Six Mile Creek watershed covers over 52 square acres, a surface water source fed by Six Mile Creek which is approximately 15.6 miles long, and its 31 unnamed tributaries extending into the Towns of Ithaca, Danby, Caroline and Dryden, and WHEREAS, the purpose of developing a long-term protection plan for source water(s) is to protect public health and safety, and the environment by preventing pollutants from entering the drinking water supply, and WHEREAS, preventing pollution at the source ultimately decreases water treatment costs and increases public confidence in their drinking water supply, and in many communities, source water protection efforts increase public awareness and strengthen intermunicipal partnerships during both planning and implementation phases, and WHEREAS, the New York State Departments of Environmental Conservation (DEC) and Health (DOH) created the Drinking Water Source Protection Program (DWSP2) to focus on source water protection utilizing an adaptive management approach to assist municipalities with proactively protecting their drinking water sources by establishing an implementation plan that identifies specific issues and threats to drinking water supply, priority actions, resources and a timeline required for implementation, with a local Plan Management Team tasked with evaluating and reporting progress, and WHEREAS, the DEC developed a guidance document that communities can use to develop their drinking water source protection plan called "A Framework for Creating a Drinking Water Source Protection Program Plan" (Framework), and in August 2021 the DWP was awarded technical assistance by Barton and Loguidice to develop the City of Ithaca’s DWSP2, and WHEREAS, in accordance with the Framework, the DWP created a Stakeholder Committee composed of representatives from the Towns of Caroline, and Dryden, farms and businesses, Tompkins County Planning and Soil & Water Conservation, the Finger Lakes Land Trust, City of Ithaca Departments of Planning and Water & Sewer, and Common Council, to work with Department of Public Works staff and Barton & Loguidice technical consultants to gather information and prepare the draft plan, and WHEREAS, the draft City of Ithaca Drinking Water Source Protection Plan (CI DWSP2) was shared via a presentation at the July 20th, 2022, Planning and Economic Development Committee meeting, and WHEREAS, the draft CI DWSP2 document and appendices was presented to the Planning & Economic Development Committee on August 17th, and following that meeting, was circulated for additional comment, and WHEREAS, the draft CI DWSP2 was submitted to the State Departments of DEC and DOH for review and approval, Barton and Loguidice incorporated the State’s comments, and the State approved the plan on September 27th, 2022, and WHEREAS, DEC and DOH comments were minor and are included in a responsiveness summary in the final CI DWSP2, and WHEREAS, Adoption of the CI DWSP2 will increase access to funding for needed watershed projects, and WHEREAS, Adoption of the CI DWSP2 was considered under SEQR and classified as a Type II Action per section 617.5(c) (27), and the CI DWSP2 does not commit the City of Ithaca or its Department of Public Works to engage in any specific action, and WHEREAS, a public hearing for the adoption of the CI DWSP2 was held on October 19, 2022, and WHEREAS, the Common Council has considered the City of Ithaca Drinking Water Source Protection Plan as recommended by the Planning and Economic Development Committee; now, therefore, be it RESOLVED, That the Common Council hereby adopts the City of Ithaca Drinking Water Source Protection Plan, dated September, 2022, and be it further RESOLVED, That this City of Ithaca Drinking Water Source Protection Plan shall serve as a guide for future decisions made regarding protection and management actions of the City of Ithaca’s drinking water source, Six Mile Creek, and be it further RESOLVED, That City of Ithaca Drinking Water Plant staff, as part of a broader Project Management Team, perform regular reviews and updates of the City of Ithaca Drinking Water Source Protection Plan every five years. DWSP2 url: http://www.cityofithaca.org/DocumentCenter/View/14126/City-of-Ithaca-Drinking-Water-Source-Protection-Program City of Ithaca Water Treatment Plant 202 Water St., Ithaca, NY 14850 607-273-4680, FAX 607-216-0460 NY Lab Id No: 11811, EPA Lab Code: NY00981 www.ithacawater.org From: Roxanna Johnston, Watershed Coordinator and Lab Director for the City of Ithaca Drinking Water Plant Date: October 19, 2022 RE: Proposed Approval of the City of Ithaca’s Drinking Water Source Protection Program (DWSP2) Plan, available for review here: CI DWSP2 (see below for url) At the July and August 2022 PEDC meetings I, and members of the Barton and Loguidice consultant team presented the City of Ithaca’s Drinking Water Source Protection Plan (CI DWSP2). Since then, NYS DEC has approved the plan and provided final comments. A responsiveness summary is included with this memo. A public hearing will be held at the October 19th PEDC meeting. Barring further substantive input, I am seeking approval of the final DWSP2 plant. Thank You, Roxanna Johnston Watershed Coordinator-Lab Director City of Ithaca DWSP2 Report Responsiveness Summary Comments received Sept. 6, 2022, from NYSDEC/NYSDOH Main Document Page 5: Miss-spelling of CORRECTED. Page 6 Comment: The current water withdrawal permit expiration date is 3/31/2022. Please update permit information in Table 2-1 or provide an explanation of expiration date. Response: The following sentences have been ADDED: A water withdrawal permit is required as the City of Ithaca has the capacity to dates from 1972. Unless there are changes to the volume of water withdrawn, the 1972 permit remains in effect. The City is required to provide annual reporting of actual withdrawals once a year General: Comment: DWSRF can cover reservoir work under EPA class exception- July 2021. We encourage Ithaca to apply and suggest that it be highlighted as a recommendation in the plan. Let us know if you need more information or a contact at NYSDOH. Response: the following paragraph was ADDED to Section 2.1, Page 7: While the focus of this Drinking Water Source Protection Plan is on reducing erosion within the Six Mile Creek watershed and the reservoir, actions are also underway to implement deferred maintenance dredging. The City is committed to maintaining the capacity and quality of its public water supply. In July 2021, the USEPA expanded funding opportunities under the Drinking Water State Revolving Loan Fund (DWSRF) to include reservoir work. Page 14 Comment: For the invasive species mentioned in the plan, we do not think there is a clear tie made to source water protection. Please make a better connection to source water protection. Response: The following paragraph was ADDED to Section 3.0.1, Page 14.: erosion, aquatic invasive hydrilla and water chestnut have the potential to proliferate within the impoundment, slowing water velocity and increasing sediment deposition. Decay of macrophyte biomass can exacerbate the sediment oxygen demand that leads to anoxia and manganese release. Elevated concentration of dissolved organic carbon in the source Appendix A.5 Comment: Please add dates created/acquired for each layer in Appendix A.5. This is important to reference when updating maps in the future. Response: Appendix A.5 has been REVISED to include the dates that each GIS layer was created/acquired. Appendix A.6 Comment: Is EDR as exhaustive as other layers found in the clearinghouse? If not, information from other layers found on the clearinghouse, etc. should be used to fill in blank cells. Response: Where possible, information from the clearinghouse was used to fill in blanks on the Potential Contaminant Source Inventory. Appendix A.6 Comment: Is buffer the same as critical area? Please fix for language consistency. Response: The buffer referenced in Appendix A.6 is not the same as the critical area. The term used by EDR to indicate lands outside of the watershed, or source water area in their compilation of potential contaminant sources. REVISION: The term deleted from Appendix A.6. Appendix C Comment: Labor costs are great, but it should include total cost (labor and transactional costs). We want to make sure communities are not applying for low grant amounts. The potential costs in the project profiles will need to be updated to match this cost. Response: A footnote was ADDED to Appendix C: *Cost estimates are based on existing labor resources. For projects beyond the scope of internal resources that require contractual support, costs will be higher; expected range is 30- The Project Management Team will facilitate more detailed cost estimates for contractual expenses, labor, and materials to implement source water protection projects. Note that more detailed cost estimates will be required for applications for state or federal funding. CITY ADMINISTRATION COMMITTEE: 5.1 Adoption of 2023 Budget WHEREAS, this Common Council is now considering adoption of the Amended Executive Budget for 2023 at its November 2, 2022, meeting as approved by the Committee of the Whole, and WHEREAS, it is the consensus of this Common Council that the total appropriations and estimated revenues, as set forth in said Amended Executive Budget for 2023, and as those amounts may be altered by action of this Common Council at its November 2, 2022, meeting, are adequate for the operation of the City during 2023; now, therefore be it RESOLVED, That this Common Council accepts and approves said Amended Executive Budget for 2023, together with any additional changes made in said budget at Council's November 2, 2022, meeting as the City of Ithaca Budget for 2023, in the total amount of $90,350,883, and be it further RESOLVED, That the following sections of the 2023 Budget be approved: A) General Fund Appropriations B) Water Fund Appropriations C) Sewer Fund Appropriations D) Solid Waste Fund Appropriations E) Sidewalk Special District Fund Appropriations F) Stormwater Drainage Special District Fund Appropriations G) General Fund Revenues H) Water Fund Revenues I) Sewer Fund Revenues J) Solid Waste Fund Revenues K) Sidewalk Special District Fund Revenue L) Stormwater Drainage Special District Fund Revenue M) Debt Retirement Schedule N) Capital Projects O) Schedule of Salaries and Positions - General Fund P) Schedule of Salaries and Positions - Water & Sewer Fund Q) Schedule of Salaries and Positions - Sidewalk Special District Fund R) Schedule of Salaries and Positions - Solid Waste Fund S) Schedule of Salaries and Positions – Stormwater Drainage Special District Fund T) Authorized Equipment - General Fund U) Authorized Equipment - Water Fund V) Authorized Equipment - Sewer Fund W) Authorized Equipment - Solid Waste Fund X) Authorized Equipment - Sidewalk Special District Fund Balance Y) Authorized Equipment - Stormwater Drainage Special District Fund 5.2 Adoption of 2023 Tax Rate WHEREAS, the 2023 City of Ithaca Budget was approved, adopted, and confirmed in the total amount of $90,350,883 on November 2, 2022, in accordance with a detailed Budget on file in the Office of the City Controller, and WHEREAS, available and estimated revenues total $61,120,458 leaving $29,230,425 as the amount to be raised by taxation, and WHEREAS, the Assessment Roll for 2023 certified and filed by the Assessment Department of Tompkins County, has been footed and approved and shows the total net taxable valuation as $2,439,935,327, and WHEREAS, under Charter provisions, the tax limit for City purposes amounts to $44,076,279 for 2023; now, therefore, be it RESOLVED, That the tax rate for general purposes, for the fiscal year 2023, be, and the same hereby is, established and fixed at $11.98 per $1,000 of taxable valuation as shown, certified and extended against the respective properties on the 2023 Tax Roll, thereby making a total tax levy, as near as may be, of $29,230,425, and be it further RESOLVED, That the amount of said tax levy be spread, and the same hereby is levied upon and against the respective properties as shown on said City Tax Roll, in accordance with their respective net taxable valuation, at the rate of $11.98 per $1,000 of such taxable valuation, and be it further RESOLVED, That the City Chamberlain be, and hereby is, directed to extend and apportion the City Tax as above, and that upon the completion of the extension of said Roll, the City Clerk shall prepare a warrant on the City Chamberlain for the collection of said levy; and the Mayor and the City Clerk hereby are authorized and directed to sign and affix the corporate seal to such warrant and forthwith to file the same with said Tax Roll with the City Chamberlain, and be it further RESOLVED, That upon the execution and filing of said warrant and Tax Roll with the City Chamberlain, the amounts of the City Tax set opposite each and every property shall hereby become liens, due, payable and collectible in accordance with provisions of the City Charter and other laws applicable thereto, and be it further RESOLVED, That the total sum of $90,350,883 be appropriated in accordance with the adopted Budget to the respective Boards, Offices, and Departments of the City, for the purposes respectively set forth therein. The 2023 Assessment Roll has been completed and approved by the Assessment Department of Tompkins County and resulted in the following valuation: Total Value of Real Property $5,818,078,229 Less: Value of Exempt Property $3,421,034,300 $2,397,043,929 Plus: Value of Special Franchises $42,891,398 Net Value of Taxable Property $2,439,935,327 5.3 Adoption of 2023 Ithaca Area Wastewater Treatment Plant Budget WHEREAS, this Common Council is now considering adoption of the Amended Joint Activity Fund Budget for 2023 as approved by the Committee of the Whole, and WHEREAS, it is the consensus of this Common Council that the total appropriations and estimated revenues, as set forth in said Amended Joint Activity Fund Budget for 2023 and as those amounts may be altered by action of the Common Council at its November 2, 2022, meeting, are adequate for the operation of the Ithaca Area Wastewater Treatment Plant during 2023; now, therefore, be it RESOLVED, That this Common Council accepts and approves said Amended Joint Activity Fund Budget for 2023, together with any additional changes made in said budget at Council’s November 2, 2022, meeting, as the Ithaca Area Wastewater Treatment Plant Joint Activity Fund Budget for 2023, in the total amount of $5,852,844; and be it further RESOLVED, That the following sections of the 2023 Ithaca Area Wastewater Treatment Plant Joint Activity Fund Budget be approved: A) Joint Activity Fund Appropriations B) Joint Activity Fund Revenues C) Schedule of Salaries and Positions – Joint Activity Fund D) Authorized Equipment – Joint Activity Fund 5.4 A Local Law Entitled “Sidewalk Improvement District Amendments” WHEREAS, Section C-73 of the City Charter creates five Sidewalk Improvement Districts (each a “SID”) for the construction and repair of sidewalk, and provides for an assessment against each property located in each SID for the benefits received by the property from said construction and repair, and WHEREAS, the Common Council concludes that it is appropriate to increase the assessments for each SID in the City, and WHEREAS, pursuant to Municipal Home Rule Law Section 10(1)(ii)(c)(3) the City of Ithaca is authorized to adopt a local law relating to the authorization, making, confirmation, and correction of benefit assessments for local improvements, now therefore Local Law No. 2022 - ___ BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Findings, Intent, and Purpose. Pursuant to Municipal Home Rule Law Section 10(1)(ii)(c)(3) the City of Ithaca is authorized to adopt a local law relating to the authorization, making, confirmation, and correction of benefit assessments for local improvements. The Common Council concludes that certain adjustments to the SID assessment formula are appropriate. The Common Council makes the following findings of fact: A. It has been nearly a decade since the Common Council originally set the fee levels the SID program. Across that time—and despite two intervening technical amendments that did not substantially alter the finances of the program—the annual revenue to the program has held relatively constant, while inflation has increased the program’s costs. B. The Common Council now seeks to increase the SID fees in order to increase the amount of annual sidewalk work that can be achieved in each SID. Section 2. Charter Amendments. A. The Definition of Annual Maintenance Fee in Section C-73(C)(1) of the Ithaca City Charter is hereby amended as follows: The annual maintenance fee for nondevelopable lots and sliver lots is $0; for low-foot-traffic lots, it is [$70]$80; and for all other lots, it is [$140]$150. B. Subsections C-73(C)(2)(a) and (b) of the Ithaca City Charter are hereby amended as follows: (a) Square footage fee. The square footage fee for all low-foot-traffic lots and double-low-foot-traffic lots shall be $0. For all other lots, the lot's square footage fee shall be equal to the lot's building square footage times [$0.015] $0.02. (b) Frontage fee. The frontage fee for all low-foot-traffic lots and double-low-foot- traffic lots shall be $0. For all other lots, the frontage fee shall be [$30] $50 for each 55 feet of front feet or portion thereof. Section 3. Severability Clause. Severability is intended throughout and within the provisions of this Local Law. If any section, subsection, sentence, clause, phrase, or portion of this Local Law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Local Law or of those portions of Section C-73 not amended by this Local Law. Section 4. Effective and Operative Date. This Local Law shall be effective, following the passage of forty-five (45) days after the adoption of this Local Law and after filing in the office of the Secretary of State, January 1, 2023, and retroactive to that date if applicable. This Local Law is subject to referendum on petition pursuant to Municipal Home Rule Law Section 24. 5.5 A Local Law entitled “Confirmation of the Sidewalk Improvement District Assessments, Budget, and Schedule of Work for Fiscal Year 2023” WHEREAS, Section C-73 of the City Charter creates five Sidewalk Improvement Districts (each a “SID”) for the construction and repair of sidewalk, and provides for an assessment against each property located in each SID for the benefits received by the property from said construction and repair, and WHEREAS, the Board of Public Works has recommended a budget, schedule of work, and schedule of assessments for Fiscal Year 2023, subject to review, amendment, and confirmation by the Common Council, and WHEREAS, Section C-73 provides that Council shall amend as appropriate and confirm the SID assessments, budget, and schedule of work after a public hearing, and WHEREAS, the appropriate public hearing has been held, and Council has given due consideration to the comments made, if any, now, therefore Local Law No. 2022 - BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Findings, Intent, and Purpose. Pursuant to Municipal Home Rule Law Section 10(1)(ii)(c)(3) the City of Ithaca is authorized to adopt a local law relating to the authorization, making, confirmation, and correction of benefit assessments for local improvements. The Common Council has reviewed the assessments, budget, and schedule of work recommended by the Board of Public Works for Fiscal Year 2023, and makes the following findings of fact: A. The public hearing prior to confirmation required by Section C-73 has been held, and all owners of property subject to a SID assessment appearing to speak before Council have had an opportunity to do so. B. The attached schedule of work, as recommended by BPW and previously subject to review by Council, constitutes a set of local improvements, the cost of which should be assessed against the properties located in the SID in which the work is to be performed. C. The attached budget, and the related assessments reflected on the assessment roll kept on file with the City Clerk, are necessary to defray the cost of construction and maintenance of sidewalk in the City, and Council has made a legislative judgment that each property in each SID is being assessed in proportion to the benefit received by that property from the sidewalk construction and repair contained in the schedule of work. Section 2. Confirmation of the Assessments, Schedule of Work, and Budget. The Common Council approves and confirms version “B” of the assessment roll, a copy of which is maintained in the City Clerk’s office, and version “B” of the budget and schedule of work attached hereto and imposes a lien upon each property so assessed as set forth in the assessment roll. In the event there are additional funds available following completion of the schedule of work, or changes to the work plan are required for financial, engineering, or other reasons, the Superintendent of Public Works or his or her designee may alter the schedule of work in his or her discretion, as instructed by the Board of Public Works from time to time; provided, however, that if such actions affect ten percent or more of any Sidewalk Improvement District’s annual levy, such actions must be approved by resolution of the Board of Public Works. Section 3. Severability Clause. Severability is intended throughout and within the provisions of this Local Law. If any section, subsection, sentence, clause, phrase, or portion of this Local Law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Local Law. Section 4. Effective and Operative Date. This Local Law shall be effective immediately after filing in the office of the Secretary of State. Proposed 2023 Sidewalk Improvement Distric (SID)--Increased Budget B District 1 2 3 4 5 TOTAL Estimated 2023 SID Levy 203,956.64$ 195,963.75$ 358,229.57$ 217,651.52$ 154,703.26$ 1,130,505$ Percentages 18%17%32%19%14%100% Admin & Supplies 24,578.28$ 23,615.08$ 43,169.31$ 26,228.61$ 18,642.88$ 136,234$ Insurance 4,690.71$ 4,506.89$ 8,238.77$ 5,005.68$ 3,557.95$ 26,000$ Subtotal - funding available 174,687.65$ 167,841.78$ 306,821.49$ 186,417.23$ 132,502.42$ 968,271$ Capital Projects-Repayment 36,000.00$ 4,200.00$ 24,000.00$ 64,200$ Balance for 2023 work plan 174,687.65$ 131,841.78$ 306,821.49$ 182,217.23$ 108,502.42$ 904,071$ Construction 149,672.26$ 107,806.73$ 262,884.45$ 155,522.16$ 89,527.99$ 765,414$ Design -$ -$ -$ -$ -$ -$ Construction Inspection/16,281.00$ 15,642.97$ 28,595.97$ 17,374.21$ 12,349.31$ 90,243$ Engineering Technician Miscellaneous 8,734.38$ 8,392.09$ 15,341.07$ 9,320.86$ 6,625.12$ 48,414$ Concrete Lifting/Concrete Cutting updated 26 July 2022 2023 Proposed Sidewalk Work Plan and Budget District One Side of Street Estimated SF cost Cost (5' wide) Available Budget Construction Assessment Roll A 500 N. Aurora St.West 340 23$ 39,100$ 100 E. Lewis St.North 230 23$ 26,450$ 100 E. Lewis St.South 200 23$ 23,000$ 100 E. Yates St.South 170 23$ 19,550$ 770 Sub-Total 108,100$ 109,043$ with Assessment Roll B . 300 Thurston Ave.South 250 23$ 28,750$ 100 E. Yates St.North 100 23$ 11,500$ 1,120 Total 148,350$ 149,672.26$ Contingency Construction 300 Farm St.North 240 23$ 27,600$ 100 Fall Creek Dr.South 400 23$ 46,000$ 600 N. Cayuga St.East 320 23$ 36,800$ 200 W. Lincoln St.South 430 23$ 49,450$ 500 N. Tioga St.East 300 23$ 34,500$ 194,350$ Future Collaboration with City Streets' Crews/Grant Money/Captial Projects 900 Stewart Ave.West 200,000$ 300 Fall Creek Dr. South 1040 (NOT IN SID) City Block Appr. Length of sidewalk (linear feet) Total Contingency 2023 Proposed Sidewalk Work Plan and Budget District Two Side of Street Estimated SF cost Cost (5' wide) Available Budget Construction Assessment Roll A 400 Oak Ave North 2022 Capital Project with Cornell 60,000$ 900 Sub-Total 60,000$ 68,462$ with Assessment Roll B 100 N. Quarry St.East 240 23$ 27,600$ 100 Dryden Rd. North/South 150 23 17,250$ 1,290 Total 104,850$ 107,806.73$ Contingency Construction 500 Mitchell St. North 100 23$ 11,500$ 200 Cornell St.East/West 180 23$ 20,700$ 100 Linden Ave.West 550 23$ 63,250$ 400 Dryden Rd. North 290 23$ 33,350$ 200 Ridgedale Rd North 280 23$ 32,200$ 100 Irving Pl.South 480 23$ 55,200$ 216,200$ Future Collaboration with City Streets' Crews/Grant Money/Captial Projects 1100 E. State St South 450 120,000$ Completed 2022 400 Oak Ave North 900 60,000$ Expected 2023 100-400 College Ave. Streetscape East/West 2400 264,000$ Current 2022 500-900 Giles St North 575 250,000$ Completed 2022 City Block Appr. Length of sidewalk (linear feet) Total Contingency 2023 Proposed Sidewalk Work Plan and Budget District Three Side of Street Estimated SF cost Cost (5' wide)Available Budget Construction Assessment Roll A 100 Third St.West 300 23$ 34,500$ 200 S. Albany St.West/East 300 23$ 34,500$ 200 E. Buffalo St.South 300 23$ 34,500$ 500 W. Seneca St.North 300 23$ 34,500$ 300-400 Center St..North 100 23$ 11,500$ 200 W. Court St.North 180 23$ 20,700$ 100 W. Buffalo St.North 150 23$ 17,250$ 1,630 Sub-Total 187,450$ 189,370$ with Assessment Roll B 300 W. Buffalo St.South 400 23$ 46,000$ 100 W. Clinton St.North 200 23$ 23,000$ 23$ -$ 2,230 Total 256,450$ 262,884.45$ Construction 100 E. Green St. (vault membrane repair)North 300 23$ 34,500$ 100 Schuyler Pl.East 390 23$ 44,850$ 400 Hancock St.South 230 23$ 26,450$ 500 Cascadilla St.North 330 23$ 37,950$ 200 N. Corn St.East 270 23$ 31,050$ 200 W. Clinton St.North 180 23$ 20,700$ 500 N. Albany St.West 300 23$ 34,500$ 100 E. Green St. (vault membrane repair)North 300 23$ 34,500$ 200 S. Cayuga St.East 180 23$ 20,700$ Total Contingency 179,400$ Future Collaboration with City Streets' Crews/Grant Money/Captial Projects City Block Appr. Length of sidewalk (linear feet) 2023 Proposed Sidewalk Work Plan and Budget District Four Side of Street Estimated SF cost Cost (5' wide)Available Budget Construction Assessment Roll A 400 Turner Pl. East 250 23$ 28,750$ 600 S. Plain St.West 130 23$ 14,950$ 100 South Hill Terrace East 360 23$ 41,400$ 200 South Hill Terrace East 200 23$ 23,000$ 940 Sub-Total 108,100$ 109,014$ with Assessment Roll B 200 Cecil A Malone Dr.South 600 23$ 69,000$ 1,540 Total 177,100$ 182,217.23$ Contingency Construction 100 Grandview Ave South 80 23$ 9,200$ 300 Wood St.North 200 23$ 23,000$ 200 Pleasant St.North 330 23$ 37,950$ 300 Pleasant St.South 370 23$ 42,550$ 700 S. Plain St.East 280 23$ 32,200$ 100 S. Titus Ave.South 370 23$ 42,550$ 400 S. Geneva St.West 400 23$ 46,000$ 100 Park St.South 400 23$ 46,000$ 100 Grandview Court North 450 23$ 51,750$ 218,500$ Future Collaboration with City Streets' Crews/Grant Money/Captial Projects 400 Hillview Pl South 650 223,000$ 300 Spencer Rd East/West 2100 400,000$ 100 Giles St South 450 360,000$ 200-300 Giles St East 1600 300,000$ City Block Appr. Length of sidewalk (linear feet) Total Contingency 2023 Proposed Sidewalk Work Plan and Budget District Five Side of Street Estimated SF cost Cost (5' wide)Available Budget Construction Assessment Roll A 100 Elm St East 200 23$ 23,000$ 100 Sunrise Rd South 300 23$ 34,500$ 500 Sub-Total 57,500$ 57,689$ with Assessment Roll B 700 Cliff St.East 260 23$ 29,900$ 760 Total 87,400$ 89,527.99$ Contingency Construction 200 Cecil A Malone Dr.North 600 23$ 69,000$ 200 Floral Ave West 400 23$ 46,000$ 200 Cliff St.East 400 23$ 46,000$ 100 Cecil A Malone Dr.North 300 23$ 34,500$ 400 Chestnut St.West 260 23$ 29,900$ 200 Taughannock Blvd.West 80 23$ 9,200$ 500 Esty St. North 80 23$ 9,200$ 600 W. Buffalo St.North 80 23$ 9,200$ 253,000$ Future Collaboration with City Streets' Crews/Grant Money/Captial Projects 100-1100 Hector St North/East 7150 2,500,000$ Completed 2020 Elm/Chestnut Intersection 75,000$ Elm/Chestnut RRFB Crossing Light 50,000$ City Block Appr. Length of sidewalk (linear feet) Total Contingency CO D D I N G T O N RD BLAIR ST N TIOGA ST WILLOW A VE JAKE ST REUBEN ST GUSSIE ST H A N C O C K S T CA S C A D I L L A ST M A DI S O N S T TURNER PL E C L I N T ON S T VA L L E Y R D MAR Y ST FIFTH ST CLIFF ST E F A LL S S T WAIT AVE WIL LIAM S S T BARTON PL DR Y DEN R D AUBURN ST FA I R G R O U N D S M EMO RIA L P KW Y FLOR A L A V E OSMUN P L CA MPUS R D E L M I R A R D HOY R D COLLEGE AVE W Y A T E S S T HE I G H T S C T CRE SCENT P L E LINCO LN ST E SPENC E R ST A D A M S S T S PLAIN ST FOR E ST P A R K L N GRAN D V I EW A V E E L M S T CO L UM B I A ST CORNELL ST WOOD CR E S T A VE FAIR ST CO M M E R C I A L A V E E GREE N S T MA N N D R FO U RTH ST WEST AVE HUDSON ST STEWART AVE T HIRD ST WESTWOOD KNL ELMCREST CIR BRIDGE S T WO R TH ST CO OK S T MITC H EL L ST BRAN D O N PL SOUT H S T ED G E C L I F F P L WO OD S T EDDY ST S ECON D ST SUN RI S E RD COR NEL L AVE ORCH ARD P L CHESTNUT ST WEST VILLAGE PL SAGE PL FAIRMOUNT AVE W LI N C O L N S T DELAWARE AVE ELSTON PL ELM WOO D AVE BRINDLEY ST W CLIN T O N ST PE A R S A L L PL ES T Y S T W B U F F A LO S T W C O U R T S T W SE N E C A ST W ST A TE ST BO O L S T W A T E R S T GILES ST FR A N K LI N S T S TI T U S A VE THURSTON A VE BRYA N T A V E FA RM S T E MA R S H A LL ST E T O M PK I N S S T E Y AT ES S T E J AY S T HECTO R S T WILLETS PL STAT E ROU T E 1 3 N MIL L E R S T S CORN ST N AURORA ST E S E NE C A S T N PLAIN ST N MEADOW ST N CORN ST BRO O K F I E L D R D N CAYUGA ST FOUNTAIN PL S AUR O R A ST HU D S ON S T EX T E CO U R T S T KING ST QUE E N ST M O R RI S A V E WOO D C R EST TER EASTWOOD TER PARKER ST S MEADOW ST GLEN PL D EY ST KELVIN PL TAUGHANNOCK BLVD W J A Y ST MA PL E A V E WYCKOFF AVE W TO M P K I N S S T PEARL ST TAYLOR PL S F ULTON S T RICHA RD PL N WILLARD WAY RISL E Y D R CAS C ADILL A A V E ENERGY DR S ALBANY STSHORT ST FIRST ST N T A Y L O R PL HO PLZ S CAYUGA ST JAME S ST WASHINGTON ST ALICE MILLER WAY CE CIL A M A L ONE D R HAR V A R D P L TREV A AVE UTICA ST L ODGE W A Y VINEG A R HL CH ARLE S ST FAYETTE ST S QUARRY ST STATLER DR RENZE T T I PL CASS P AR K ACCE SS ROA D W GR E E N ST HO O K PL N GENEVA ST N ALBANY ST PARK PL SOU TH AV E HAW T HOR N E PL FA L LVIE W TER N FULTON ST SCHUYLER PL SAGE AVE HOMESTEAD TER CO TTAGE PL TERRACE PLLAKE ST UNIVERSITY AVE PA R K S T E Y O R K S T THE K N O L L HO P P ER P L EDG E MO O R L N PRO S PE C T S T PLE A SA N T S T SCIENCES DR VALEN TIN E PL DEWITT PL HIGHLAND AVE IR V I NG P L RE S ER V OIR A V E L AKE AVE ED GEWOOD PL EAS T W O OD AV E HYE R S ST CL E V E L AND AV E CA T H ERINE ST N T I T U S A V E W F A L L S S T GARDEN AVE SP E N C E R R D S GENEVA ST LINN ST SIS S O N P L RH O D E S D R E STAT E S T HIL L V I E W PL WESTM OU NT DR FERRIS PL ITH A C A RD CLIF F P A R K R D FA L L C R E EK D R KLINE R D CO R N E L L WAL K TO WER R D RI DGE D A L E R D ABB O T T L N LINDEN AVE WARREN PL OAK AVE PARK RD MCGR A W P L KI T E H I LL D R STON E Q U A R R Y R D CARPEN T E R C I R GOT HICS WAY CAMPBELL AVE PI E R R D HU D S O N P L HALLER BLVD CAS C A D I LL A P A RK R D FEENEY WAY CENTRAL AVE CHERRY ST W SP E N C E R ST OAKWOOD LN SOUTHWEST PARK RD CR A D I T F A R M D R RAIL R OAD S E R V ICE R D FO R ES T H O M E DR 10 0 30 0 20 0 70 0 30 0 10 0 40 0 10 0 10 0 10 0 20 0 30 0 40 0 10 0 20 0 10 0 50 0 10 0 20 0 10 0 10 0 50 0 20 0 60 0 20 2 3 P r o p o s e d S I D B a s e a n d In c r e a s e d A s s e s s m e n t R a t e Ci t y o f I t h a c a , N Y NY S t a t e P l a n e , C e n t r a l G R S 8 0 D a t u m Ma p S o u r c e : T o m p k i n s C o u n t y D i g i t a l P l a n i m e t r i c M a p 1 9 9 1 - 2 0 2 2 Da t a S o u r c e : C i t y o f I t h a c a D e p a r t m e n t o f E n g i n e e r i n g , 2 0 2 2 Ma p P r e p a r e d b y : G I S P r o g r a m , C i t y o f I t h a c a , N Y , J u l y 2 0 2 2 ± 0 5 0 0 1 , 0 0 0 F e e t Ne w S i d e w a l k C o n s t r u c t i o n Ex i s t i n g S i d e w a l k R e p l a c e m e n t Ad d i t i o n a l A r e a s w i t h I n c r e a s e d R a t e s Ro a d s Wa t e r w a y Ci t y B o r d e r SI D D i s t r i c t s 1 2 3 4 5 1 2 3 4 5 40 0 5.6 HR – Resolution for Adoption of Juneteenth as a Paid Employee Holiday WHEREAS, slavery was a deeply embedded American institution and is a direct contradiction to the nation’s ideals of freedom, and WHEREAS, beginning in the late 15th century African or African Diasporic people were kidnapped and forced into slavery and shipped to the “New World” (South, Central and North America) in what is part of Maafa, a Kiswahili* term for disaster, calamity, or terrible occurrence to describe the history of atrocities inflicted on African peoples, and WHEREAS, the term Black, African American and African diasporic people is used to include people of African descent who were born in the Caribbean, Central and South America who at times were also enslaved in the United States, at some points on the same plantations, and WHEREAS, Black people were victims of the Trans-Atlantic Slave Trade, and WHEREAS, on slave ships Black people were packed by the 100s in inhumane conditions where many contracted diseases like yellow fever, malaria, smallpox and dysentery; and women/girls were subjected to sexual assault at the hands of European crewmen, and WHEREAS, New Amsterdam and then New York participated actively in the Trans-Atlantic Slave Trade from 1626 until 1808, and WHEREAS, New York State officially ended legal enslavement in 1827, but self-emancipated New Yorkers remained under threat of re-enslavement until after the Civil War, and WHEREAS, on January 1, 1863, the Emancipation Proclamation legally ended slavery in the Confederate states, however White enslavers refused to comply with the proclamation which prolonged slavery in these states, and WHEREAS, at least 26 Black men from Tompkins County enlisted and fought for the Union Army in the Civil War which was premised on the abolition of slavery and the emancipation of all people who were still enslaved, and WHEREAS, freedom fighter Harriet Tubman, known as the Black Moses of her people, resided in nearby Auburn, New York, was the first woman in American history to lead a military assault; the successful Combahee Ferry Raid which freed more than 700 people from slavery; Tubman also served in the Union Army as a nurse and spy, and WHEREAS, Ithaca was home to many former enslaved people who escaped bondage in the South, and the City of Ithaca was a known passage way for the underground railroad (most notably the St. James A.M.E. Zion church), and WHEREAS, Juneteenth, also known as Emancipation Day, Freedom Day, Jubilee Day, Juneteenth Independence Day, and Black Independence Day, commemorates the day June 19, 1865 when Major General Gordon Granger arrived in Galveston, Texas and announced the end of the Civil War and the end of slavery, and WHEREAS, Juneteenth honors the history, perseverance, and achievements of Black people and celebrates America’s progress and continuing commitment to realizing the principles of liberty and equality upon which this nation expounds, and WHEREAS, President Joseph Robinette Biden, Jr. signed legislation on June 17, 2021, making Juneteenth a Federal holiday, enshrining June 19th as a national day to commemorate the end of slavery in the United States, and WHEREAS, as of July 1, 2022, in twenty-one states plus the District of Columbia, Juneteenth is observed as a permanent paid and/or legal holiday, and WHEREAS, the Tompkins County institutions of higher learning including Cornell University, Ithaca College and Tompkins Cortland Community College, local school districts, Tompkins County plus many nationally known businesses have joined in the celebration and commemoration and adopted Juneteenth as an official holiday, and WHEREAS, this Juneteenth recognition supports the advancement of City of Ithaca values of integrity, respect, accountability, and equity, and WHEREAS, the Workforce Diversity Advisory Committee recommends that Juneteenth be a paid City employee holiday; now, therefore, be it RESOLVED, That the City of Ithaca Common Council officially declares Juneteenth as a City holiday, and be it further RESOLVED, That Common Council authorizes the mayor to negotiate with various bargaining units to honor the observance of Juneteenth as a paid City holiday beginning in 2023, and be it further RESOLVED, That the holiday shall be added to the Managerial Fringe Benefits. *Kiswahili means language of the Swahili people. 6.1 Resolution – Confirming Appointment of Acting Director of Public Information and Technology WHEREAS, the Department of Public Information and Technology has long been led by the City Clerk, and WHEREAS, long-time City Clerk Julie Conley Holcomb retired on October 28, 2022, and WHEREAS, the City has already begun a search underway for a new Director of Public Information and Technology, who will also be the City Clerk, and WHEREAS, Council approval for this appointment is advisable because, in the absence of a City Clerk or Director of Public Information and Technology, there is not currently a Deputy City Clerk to serve in an acting capacity as City Clerk, and WHEREAS, during this interim, the Department of Public Information and Technology needs an Acting Director, who will serve as the City Clerk, and WHEREAS, the Mayor proposes to appoint Chief of Staff Faith Vavra as Acting Director of Public Information and Technology; now, therefore, be it RESOLVED, That the Mayor’s appointment of Chief of Staff Faith Vavra as the Acting Director of Public Information and Technology is hereby confirmed, and that she shall be sworn in promptly as City Clerk in that capacity. 6.2 Member Filed Item - Alderperson Lewis - Draft Resolution Authorizing submission of an application to the NYS Housing and Community Renewal (HCR) Plus One ADU Program in partnership with Ithaca Neighborhood Housing Services (INHS) WHEREAS; the City is committed to increasing affordable housing opportunities and homeownership for low to moderate income residents and families, and WHEREAS; New York State is offering a competitive funding opportunity, the Plus One Accessory Dwelling Unit (ADU) Program, a full-service program provided by local government/non-profit applicants to support low and middle income single-family owner occupants, of which applications are due by November 9, 2022, and WHEREAS; Eligible applicants must include a partnership between a non-profit housing organization and a municipal or county government, either of which may serve as the lead, and WHEREAS; Ithaca Neighborhood Housing Services (INHS) has requested a partnership with the City to apply to the program, and, if awarded, act as the program lead and administrator, and WHEREAS; the Plus One ADU Program involves the following: •Awards of up to $125,000 to eligible participants for the construction of new ADUs or improvements to existing ADUs that need to be brought into compliance with code •Eligible participants must be homeowners whose income does not exceed 100% AMI. There is no income limit on those renting the ADU. •Participants in the program cannot use the ADU as a seasonal or short term rental •ADUs must be permitted by the locality: ADU may be small, stand-alone (detached) units on single-family lots, basement apartments, garage conversions, or other permitted units. WHEREAS, although the City zoning code does not contain the term ADU, accessory apartments are allowed by right in single-family homes in the R-1 and R-2 zoning districts subject to a special permit, and multiple primary structures are allowed by right in the R-1 and R-2 zoning districts subject to lot size requirements, and such units would meet the above definition of ADU in accordance with HCR’s eligibility requirements, and WHEREAS, if awarded, INHS proposes to target low to moderate income homeowners with existing ADU’s in need of renovation, and WHEREAS, if awarded INHS will develop an outreach, application, and selection process in collaboration with City staff; now, therefore be it RESOLVED, That the Mayor of the City of Ithaca is hereby authorized to sign the necessary application to HCR and, if awarded, execute agreements with INHS for the administration of the program and disbursement of grant funds. New York State Homes and Community Renewal Request for Proposals Plus One ADU Program For the creation and improvement of Accessory Dwelling Units ~ wvoRK Homes and TE0F • oRTUNITY. Community Renewal KATHY HOCH UL, GOVERNOR RUTHANNE VISNAUSKAS, COMMISSIONER/CEO TABLE OF CONTENTS Contents Purpose ................................................................................................................................................... 1 Program Overview .................................................................................................................................... 1 Background ............................................................................................................................................. 1 Eligible Applicants ..................................................................................................................................... 1 Eligible Activities ....................................................................................................................................... 1 Eligible Costs ............................................................................................................................................ 2 Proposal Costs and Materials ..................................................................................................................... 3 Evaluation and Selection Criteria ................................................................................................................ 3 Application and Award Timeline ................................................................................................................. 4 Award Recommendations and Board Approval ............................................................................................. 5 Application Status and Notification ............................................................................................................. 5 Program Grant Agreements ....................................................................................................................... 5 Equal Employment Opportunity/Minority and Women Owned Business and Affirmative Action ......................... 5 Questions ................................................................................................................................................ 6 PurQose The Housing Trust Fund Corporation ("HTFC") as part of New York State Homes and Community Renewal ("HCR") invites eligible applicants to apply to administer the Plus One ADU Program, an initiative to create and improve Accessory Dwelling Units (ADUs). This RFP describes the purpose for which the available funds are to be used and the methodology for disbursing those funds. Through this RFP, HTFC plans to make up to twenty million dollars ($20,000,000) available to ten (10) eligible applicants for the administration of the Plus One ADU Program. As such, ten million dollars ($10,000,000) shall be available to applicants within New York City and Long Island and ten million dollars ($10,000,000) for the rest of the state. Eligible applicants are invited to submit applications for funding to cover grants to eligible homeowners and for the anticipated costs associated with program delivery. Applications must be submitted via email to NOFA Applications@hcr.ny.gov no later than 3:00 PM (EST) on November 10, 2022. The initial contract shall be for two (2) years, with the potential for an extension depending on the need and at the discretion of HCR staff. Program Overview By working with units of local government and community development partners, Plus One ADU will provide a full- service program to support low-and middle-income single-family homeowner occupants who wish to build a new ADU on their property or improve an existing ADUs that needs to be brought into compliance with local and state code requirements. Depending on the property and what the locality permits, ADU's may be small, stand-alone (detached) units on single-family lots, basement apartments, garage conversions, or other permitted units. Background The 2022-2023 NYS Capital Budget made available $85,000,000 for the purposes of creating and upgrading accessory dwelling units across the state, as part of a five (5) year Housing Plan. Since each community's need for ADUs are different, HTFC is initially making funding available, to select awardees, with the aim of crafting community-specific programs for generating safe, quality ADUs. HCR anticipates subsequent opportunities for ADU funding. Eligible Applicants Competitive applications must include partnerships between a non-profit housing organization and a municipal or county government. Either the governmental or non-profit entity may serve in the role of the lead Applicant and the proposal should specify which entity is the lead. Eligible Activities Applicants selected by HTFC to administer the Plus One ADU Program (the "Awardees") will be expected to work with HCR staff to create a work plan, which shall include, pre-development activities, construction oversight and post construction monitoring. 1. Pre-development Activities: Awardees will identify low-and moderate-income homeowner occupants who wish to add an ADU to their property or make capital repairs to an existing ADU. In all cases, awardees will be required to cap participation of homeowners with household income of no more than one hundred percent (100%) AMI for the County or MSA, adjusted for family size and all ADUs must be permitted by the locality Awardees will establish standards for eligibility and perform assessments of potential homeowner participants to include current mortgage debt and affordability, building violation searches, documentation of good standing for any existing mortgages, and other due diligence to determine the likelihood that the homeowner participant will maintain the property in good financial and physical health. Awardees will oversee the pre-development process including design, budgeting, permitting, environmental assessment, appraisals, and other required due diligence to secure funding from HTFC or other needed sources. Awardees will secure the services of appropriate design professional(s). Each property must have plans and an identified scope, which complies with design standards approved by HCR staff. Prior to the formal commitment or expenditure funds, the environmental effects of each program activity must be assessed in accordance with the State Environmental Quality Review Act ("SEQRA") at 6 NYCRR Part 617. 2. Construction Oversight: Awardees will oversee all aspects of the construction process from contractor bidding and selection, compliance with MWBE utilization standards, general construction oversight and coordination between property owners and contractors, preparation of payment requests and other essential activities to ensure efficient construction for each ADU. 3. Post-Construction Monitoring: Awardees are required to enter a Regulatory Agreement, and associated declining balance enforcement documents, with the participating homeowners for the Regulatory Period which shall not be less ten (10) years. Compliance monitoring will include the collection of annual compliance certifications including confirmation that the ADU is being used as permanent housing rather than as a short-term rental', and site visits every two years to ensure appropriate property maintenance and quality housing standards, among other standards. The Awardee is expected to assist with the completion of the compliance documentation from homeowners as needed. Eligible Costs Applicants are required to provide a program budget in their application. Proposed budgets should consider: Award requests should not exceed $2,000,000. HTFC will not consider applications with a request of over $125,000 per unit, including program delivery costs. 2 Up to ten percent (10%) of the requested award may be budgeted for program delivery, including costs such as staff time and materials for program management, legal, accounting and auditing expenses, insurance, marketing and outreach expenses, and a compliance monitoring fee. Funds will be paid as Awardees achieve milestones in the program delivery. Disbursement schedules will be determined by HCR staff prior to the execution of a program Agreement. ProQosal Costs and Materials HTFC nor HCR will not be held liable for any cost incurred by the applicant for work performed in the preparation, production, or submission of a proposal in response to this RFP. All proposal materials and information submitted as part of the application shall become the property of HTFC. No materials, curricula, media or other content will be returned to the applicant. Evaluation and Selection Criteria Applicant proposals will be examined for completeness and eligibility. Incomplete proposals and those that do not meet eligibility requirements may be rejected as ineligible. Complete proposals and those that meet eligibility requirements will be reviewed and rated. Applications should include a PDF attachment that responds to the following criteria. This PDF should not exceed eight (8) pages in length. After initial scoring, supplemental information may be requested by HCR staff for tie- breaking purposes, if necessary. In addition, eligible applications must contain a letter or resolution from the non-profit organization and from the municipal or county government in the partnership reflecting support for the proposed undertaking, and the proposed roles and responsibilities for each. The maximum rating is 100 points. 1. Capacity & Experience: (maximum of 25 points) • Applicant demonstrates a strong record of success in project development and managing construction/rehabilitation of single-family homes. • Applicant demonstrates a strong record of success in providing homeownership counseling and technical assistance to low-and moderate-income homeowners, including the capacity to monitor homeowner compliance throughout the Regulatory Period. 2. Feasibility of Proposal: (maximum of 25 points) • Applicant outlines the goals for ADUs in the subject community (legalizing existing ADUs, multi- generational housing, workforce rental housing, bolstering financial stability for low-income homeowners, etc.) • Applicant identifies and explained target neighborhood(s). • Applicant demonstrates that existing zoning and other applicable building codes allow for ADUs. • Applicant presents a proposed project budget that clearly enumerates expected pre- development, development, and compliance monitoring expenses. 3 • Applicant demonstrates that the community has committed to facilitating a RP-421-f property tax exemption for any increase in value from the ADU improvement or creation, where applicable. 3. Cost-Effectiveness of Proposal: (maximum of 25 points) • Applicant demonstrates the availability of other resources to supplement the cost of creating or improving ADUs. Where affordable and feasible for target communities and homeowners, HTFC would consider the development of concepts to leverage dollars through repayable loans. • Applicant outlines a realistic process for undertaking a cost efficient, comprehensive, and supportive process for building or improving ADUs in cooperation with homeowner participants. 4. Ability to Generate Demand: (maximum of 25 points) • Applicant presents a marketing plan and strategy for identifying participating homeowners; • Applicant demonstrates an existing inventory of potential homeowner participants. All completed applications will be reviewed and scored. HTFC reserves the right to: • Award all, a portion of, or none of the program funds based upon funding availability, competitiveness of applications received, feasibility of achieving project goals and objectives and completing proposed activities. • To change or disallow aspects of the applications and may make such changes conditions of its commitment to provide funding. • To recommend funding in an amount less than requested. • To not issue an award or grant agreement to any applicant if it has been determined that the applicant is not in compliance with existing state contracts and has not taken satisfactory steps to remedy such non- compliance. • Waive any requirement contained in this RFP. • Revise this RFP from time to time. • Extend the submission due date. AQQ.lication and Award Timeline HTFC reserves the right to modify this schedule, at its discretion. Notification of changes in connection with this RFP will be posted and made available to all interested parties via https://hcr.ny.gov/funding-opportunities On September 2 7, 2022 the deadline for application submissions was extended from October 28, 2022 to November 10, 2022. Here is the revised Award Timeline: Issuance of RFP Wednesday, September 14, 2022 Deadline for Submission of Proposals ~hursday, November 10, 2022 at 3:00 PM (EST) 4 Revised Proposal Period and lnterview(s) Monday, December 5, 2022 -Friday, December 16, 2022 (if applicable) Anticipated Preliminary Award Se lection Monday, January 16, 2022 (award(s) will be contingent on HCR Board approval, which may occur after this date) Award Recommendations and Board AQQroval Awards are recommended based on available funding, proposal quality and project feasibility as determined by the review and rating of an application. The evaluation and se lection criteria are detailed in the RFP. Recommendations are advanced to the appropriate HCR Board for consideration and the award must be approved by that Board prior to the execution of a grant agreement. AQQlication Status and Notification Applicants will receive one of the notifications below in response to their application: • Incomplete: Application presents potentially eligible project but provides insufficient information. Applicant will be provided an opportunity to submit additional documentation. • Non-Award Notification: Application presents an incomplete, non-competitive, not viable project and will not receive an award under this RFP. • Preliminary Award Notification: Application presents a complete, eligible, competitive and feasible project. The project has been recommended to and approved by HTFC Board of Directors for funding. Program Grant Agreements Awardees may be asked to revise parts of their proposal prior to entering into a program grant agreement. After any required revisions are submitted and approved, a final program grant agreement will be executed. The program grant agreement will require that Awardees expend all funds and meet all program goals within a two-year (2) term with the possibility for an extension, at the discretion of HCR staff. An applicant should not apply if the project will not begin within a reasonable time after receiving an executed grant agreement or will not be able to complete the project within the term. Fund s remaining at the end of the term are subject to de-obligation and reallocation. Equal Employment Opportunity/Minority and Women Owned Business and Affirmative Action Under Article 15A of the New York State Executive Law, all award recipients and their contractors are required to comply with the equal employment opportunity provisions of Section 312 of that Article. Also, all contractors and awardees are required to make affirmative efforts to ensure that New York State Certified Minority and Women- Owned Business Enterprises are afforded opportunities for meaningful participation in projects funded by HTFC pursuant to Section 313 of the Article. All MWBE firms used to satisfy this requirement must be certified as such with the State's Empire State Development ("ESD"). All SDVOB firms used to satisfy this requirement must be certified as such with the State's Office of General Services. 5 Affirmative Action Policy Statement: It is the policy of the HCR to provide equal opportunity to all people without regard to race, color, sex, religion, age, national origin, disability, or sexual orientation. Questions Any questions regarding this RFP or the application process should be directed to: NOFA Applications@hcr.ny.gov 6 Firefox about:blank 2 of 5 10/14/2022, 12:15 PM 4WYORK Homes and :rEOF PORTUNITY. Community Renewal If applicable, describe how the proposed project will address historic discriminatory trends in homeownership, or increase the opportunity for affordable homeownership in historically underserved areas. The type of ownership model should be clearly described. Projects may include condo, coop, fee simple or other type of homeownership model. Identify which other private, state, federal or local subsidy sources the project has secured or proposes to secure to finance the project, including construction financing. Outline a development timeline from permitting to sales. Propose a community-specific marketing strategy and process for identifying eligible homebuyers prior to construction completion. Energy Efficiency Applicants should clearly detail the plan for innovative home construction methods that will lead to substantial energy cost savings over traditional construction and/or that will demonstrate achievable high efficiency performance standards. At a minimum, the project should feature full electrification, solar readiness, a well-sealed, well insulated building shell, and high-efficiency multi-pane windows in addition to other Net Zero Ready features. Where feasible, projects should pursue Net Zero standards, which may receive additional subsidy. Financing Requirements In general, prior to commitment of the subsidy, the selected developer must provide a construction loan commitment from a financial institution acceptable to HCR. Any lending institution must agree to act as a Co-Lender to administer a Participation Loan with HCR . Other financing proposals will be reviewed on a case-by-case basis. Applications must be accompanied by a preliminary development budget and affordability analysis in the format provided. Subsidy Amount Award amounts will be based on scope and need for each project. Outside NYC, per home subsidies will increase with deeper affordability: Up to $150,000 per unit with a sales price restricted to 100% AMI Up to $200,000 per unit with a sales price restricted to 80% AMI In NYC, up to $100,000 per unit if combined with HPD Open Door subsidy Where a project will meet Net Zero or Passive House standards, an additional subsidy of $20,000 per home will be available. HCR will allow up to a 20% marketing band beyond target sales price affordability to expand marketability. For example, units offered at a sales price of 70% of AMI can be sold to households with incomes up to 90% of AMI. Updated September 16, 2022 Firefox about:blank 4 of 5 10/14/2022, 12:15 PM 4 WYORK Homes and :rEOF PORTUNITY. Community Renewal 80% AMI target household income for a purchaser would be $91,703 and the maximum sale price would be $253,139, regardless of a higher market value. Option 2. LMI Long-Term Affordability Homebuyers will assume an affordability obligation of 30 years. Where applicable, longer affordability may be enforced by local entities such as Community Land Trusts. During the affordability period, future sales prices must reflect the original affordability target (adjusted to the time of sale). Example: A newly renovated home receiving a subsidy of $200,000 could be initially sold to an eligible first-time homebuyer household in Kingston for a price affordable at 80% AMI ($76,800) at $212,000, though the market may dictate a lower price. In Year 15, if AMI has increased 3% per year, that home could be sold to a new eligible homebuyer household who earns a target income of $119,652 for a family of four for a maximum price of up to approximately $330,289 or less, depending on market values . Reviews and Approvals Environmental Review Prior to the formal commitment or expenditure of the Award, the environmental effects of each Program activity must be assessed in accordance with the State Environmental Quality Review Act ("SEQRA") at 6 NYCRR Part 617. Additional funding sources may dictate additional compliance procedures. Appraisal Report An independent appraisal is required and subject to HCR review and approval. Scope of Work Plans should be prepared by a professional architect or engineer with verified cost analysis. Any participating lender will oversee review, approval, and implementation of the project. Equal Opportunity Goals Marketing Plan Projects must submit a marketing plan identifying a HUD-certified Requirements homeownership counseling partner and describing how the homes will be marketed to income-eligible local households with emphasis on outreach and education and highlighting any focus on serving traditionally underserved neighborhoods and populations. Fair Housing The Borrower is required to comply with all applicable Federal, State, and local laws and regulations prohibiting discrimination and must comply with laws regarding accessibility for people with disabilities. Application Application Process Following evaluation by the proposed construction Co-lender as applicable, Affordable Homeownership Opportunity Program Application must be submitted electronically to the HCR contact below. Updated September 16, 2022 Firefox about:blank 5 of 5 10/14/2022, 12:15 PM 4WYORK Homes and :rEOF PORTUNITY. Community Renewal Information and applications can be found here: https://hcr.ny.gov/Affordable- Homeownership-Opportunity-Program HCR Contact Madeline Fletcher, Director, Distressed Asset Preservation, madeline.fletcher@hcr.ny.gov Updated September 16, 2022 1 6.3 Resolution Approving 2022 Workplan for Community Justice Center WHEREAS, following on the Governor’s Executive Order 203, one of the many steps identified for potential City action was the creation of the Community Justice Center (CJC) as a jointly funded City/County collaborative department to: determine implementation priorities; develop budget impacts for the implementation of plan elements; manage the implementation of the joint plan elements as approved by the City of Ithaca and Tompkins County; receive, manage, and analyze data; provide coordination of the operation of the policing systems in our community; and provide reports to the City and County regarding the progress in implementing these changes, and WHEREAS, the City of Ithaca and Tompkins County agreed to the terms of a contract approved by Common Council on July 27, 2022 that the CJC would develop a workplan and deliver it to the City of Ithaca Common Council no later than September 15th, 2022 for approval, and RESOLVED, That Common Council authorizes the CJC to move forward with the 2022 CJC Workplan. 6.4 Resolution Approving 2023 Workplan for Community Justice Center WHEREAS, following on the Governor’s Executive Order 203, one of the many steps identified for potential City action was the creation of the Community Justice Center (CJC) as a jointly funded City/County collaborative department to: determine implementation priorities; develop budget impacts for the implementation of plan elements; manage the implementation of the joint plan elements as approved by the City of Ithaca and Tompkins County; receive, manage, and analyze data; provide coordination of the operation of the policing systems in our community; and provide reports to the City and County regarding the progress in implementing these changes, and WHEREAS, the City of Ithaca and Tompkins County agreed to the terms of a contract approved by Common Council on July 27, 2022 that the CJC would develop a workplan and deliver it to the City of Ithaca Common Council no later than September 15th, 2022 for approval, and RESOLVED, That Common Council authorizes the CJC to move forward with the 2022 CJC Workplan. 7.1 Recommendation to Tompkins Consolidation Area Transit Board RESOLVED, That Common Council recommends that Jennifer Dotson be reappointed as director of the Tompkins Consolidated Area Transit Board with a term to expire December 31, 2025.