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HomeMy WebLinkAboutMN-CC-2023-04-05COMMON COUNCIL Voting Record Date: Wednesday, April 5th 2023 Location: City Hall, 108 E. Green Street 3rd Floor, Council Chambers Meeting Called to order: 6:04 P.M. Meeting Adjourned: 11:15 P.M. YouTube Link: https://www.youtube.com/watch?v=_useDN4auDw&list=PLfplo_VA57eoynrqxkGvi11vxHlwByjZw&index=1 Attendance Record of Voting Members Name Present (In Person) Remote Absent / Excused 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 - Tiffany Kumar x 5th Ward – Robert Cantelmo x 5th Ward - Kris Haines-Sharp x Total voting members for this meeting 10 Agenda Item: 1 Call to Order- (YouTube Timestamp: 1:42) Agenda Item:1.1 Agenda Review YouTube Timestamp 1:59 Discussion Summary: No Changes to Revised Agenda. Mayor Lewis recognized Passover and Easter Weekend. Honored the passing of community member Irene Wald Stein. Agenda Item: 1.2 Reports of Municipal Officials Discussion Summary: Town Supervisor Rob Howe gave a brief update on the Town of Ithaca by: New Sustainability Planner, updating transportation plan, discussed pedestrian and bike safety issues. (Time Stamp: 3:40) County Legislator Veronica Pillar reported on the hiring of a new County Historian, the allocating of Recovery Funds, Federal Funds to be used toward avoiding gun violence, Fema Flood Insurance Risk Map Update Announced August 6tth as Democracy Day in Tompkins County. The “I Voted” Sticker Contest for grades 9-12 and Stewart Park Clean Up Day. (Time Stamp: 9:58) Agenda Item: 1.3 Proclamations and Awards 3.1(a) Employee Quarterly Recognition Award YouTube Timestamp: 15:07 Discussion Summary: Recipient is not present to receive award. Recognition will be held at Central Fire Station. 3.1(b) Pride and Ownership Award YouTube Timestamp: 15:49 Discussion Summary: Award and dedication presented to the late Susan Blumenthal. Pride and Ownership Award has been renamed to be the Susan Blumenthal Pride and Ownership Award. Presentation provided by the Pride and Ownership Committee. Agenda Item: 1.4 Approval of Minutes- 11/2/2022, 11/9/2022, 12/7/2022, 3/1/2023 YouTube Timestamp: 42:22 Motion to Approve Minutes: Jorge DeFendini Seconded By: Tiffany Kumar Discussion Summary: Cynthia commented and thanked staff for developing the minutes. Appreciates the new format. Vote Passed 10-0 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 Tiffany Kumar x Robert Cantelmo x Kris Haines-Sharp x Agenda Item: 2 Petitions and Hearings of Persons Before Council Agenda Item 2.1 Statements from Public Denise Katzman- Better Bike Network/National Public Health Week/Traffic Violence James Smith- Reimagining Public Safety/Fire Response/ Sickle-Cell Crisis Jake Yatsko- Funding for Better Bike Network Margaret Johnson- 5.1 Transportation Network Project Sarah Curless- Reimagining Public Safety Fernando De Aragon- Reimagining Public Safety Monika Roth- Ithaca Farmers Market 50th Anniversary Jordan Clemons- Approval of Release of Funds from Restricted Contingency 2022 Budget Theresa Alt- Alarm and Over Use of Police/Siren Message Genevieve Rand- Reimagining Public Safety Report Kelde McGurk- Better Bike Network Kelly Speiser- Traffic Cameras – passed on comments, option give to send comments to council Clare Grady- Reimaging Public Safety/Speeding and Redlights/Ticketing of Black and Latino drivers Victoria Armstrong- Engineering Study for Bikes/Item 5.1 Lushima Lumumba-Kasongo- Reimagining Public Safety Deidra Cross- Ithaca PD Maddie Halpert- Reimagining Public Safety 6.3 (remote) Kady Nawrocki- Release of Funds of $50 Thousand from 2022 Budget for UPI/ Reimagining Public Safety (remote) Zach Winn- Gun Involved Violence Elimination Initiative (remote) Karim Beers- Better Bike Network Agenda Item: 2.2 Privilege of the Floor- Mayor and Council Comments YouTube Timestamp: 1:42:15 Discussion Summary: Members of council gave thanks to those who gave public comments on Better Bike Network. Jordan Clemons was congratulated on the Child Care Grant. Some discussion and comments from George McGonigal and Jorge DeFendini regarding gun violence and violence towards Trans Community. Phoebe commented on and responded to James Smith’s comments pertaining to calls to the Fire Department on Sickle- Cell and OBGYN calls, would like more information. Members of council suggested and encouraged to take an opportunity to get to know IPD by taking a “Ride-A-Along.” Agenda Item: 3 Consent Agenda YouTube Timestamp: 2:01:38 Motion To Approve Items 3.1-3.8 Jorge DeFendini Seconded By: Robert Cantelmo Discussion Summary: No Discussion. Vote Passed 10-0 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 Tiffany Kumar x Robert Cantelmo x Kris Haines-Sharp x Agenda Item 4 City Administration Committee Agenda Item 4.1 – Resolution Renewing Right to Counsel MOU with LawNY YouTube Timestamp: 2:02:04 Motion to Approve: Robert Cantelmo Seconded By: Ducson Nguyen Discussion Summary: Presented by City Chairman Robert Cantelmo George congratulated the Mayor. Jorge gave thanks to Mayor. Mayor Lewis responded to Ducson’s comment and question on recruitment issues. Vote Passed 10-0 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 Tiffany Kumar x Robert Cantelmo x Kris Haines-Sharp x Agenda Item 4.2- Resolution Release of Funds from Restricted Contingency for the REACH Project YouTube Timestamp: 2:07:33 Motion to Approve: Robert Cantelmo Seconded By: Jorge DeFendini Discussion Summary: Presented by Robert Cantelmo. Mayor Lewis responded to Cynthia’s question asking if there was a determining factor met to release the funds. Clarification was made on funds in Contingency Funds. Vote Passed 10-0 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 Tiffany Kumar x Robert Cantelmo x Kris Haines-Sharp x Agenda Item 4.3- City Controllers Report YouTube Timestamp: 2:10:57 Discussion Summary: Steve Thayer reported on Budget. Funding remaining the same. Gave update on Cornell University MOU. Sales tax continues to reflect early increases up about 21%. In response to Robert Cantelmo’s question regarding thoughts on the next two quarters, City Controller is very cautious as we move through 2023. Cost of the city operations are up due to inflation; will factor into the future budgets. Agenda Item: 5 Planning and Economic Development Committee Agenda Item 5.1- Resolution- Authorization for Matching Funds for Federal Carbon Reduction Grant for a Transportation Network Project YouTube Timestamp: 2:15:09 Motion to Approve: Robert Gearhart Seconded By: Cynthia Brock Discussion Summary: Presented by Erin Cuddihy. Erin talked about the Bike Walk Tompkins and the Better Bike Network Project. Gave a brief description of the project. A consultant is being hired for the planning work to do a block-by-block conceptual plan to make the Bike Network happen. The program requires a 20% local match to the $463,855 Dollars of the Federal Carbon Reduction Program money. Changed the name to Ithaca Active Transportation Network to support all the active transportation in the community. Project may be wider than Bike Walk Tompkins envisioned. Address Cynthia’s comment from the last meeting about West Hill not being shown well in the plan. Discussion continued with questions and comments from Council. Vote Passed 10-0 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 Tiffany Kumar x Robert Cantelmo x Kris Haines-Sharp x Agenda Item 6 New Business/ Member /Filed Agenda Item 6.1- Resolution for Ithaca Area Wastewater Treatment Facility (IAWWTF) Camden Contract Amendment #2 YouTube Timestamp: 2:28:17 Moved By: Laura Lewis Seconded By: Cynthia Brock Discussion Summary: Discussion and comments given on staffing and shortages. Cynthia responded to comments on staffing issues and management. Discussed Labor structure solutions, there is a need for a long term solution. A request to Edit the Resolution was made. Resolution was amended. Edits made on the floor were considered friendly by mover and seconder. Vote Passed 10-0 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 Tiffany Kumar x Robert Cantelmo x Kris Haines-Sharp x Agenda Item: 6.2 Appointment to the Sustainability & Climate Justice Commission YouTube Timestamp: 2:51:44 Moved by: Laura Lewis Seconded By: Kris Haines-Sharp Discussion Summary: Rob Gearhart asked about more appointments in the future. Phoebe raised a question about ethnicity and background of appointments being diverse. Robert Gearhart raised the question about there being more appointments in the future. Laura did clarify that yes; it follows the rules for the other commissions. Discussion about reconstituting the Commission. Vote Passed 10-0 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 Tiffany Kumar x Robert Cantelmo x Kris Haines-Sharp x Agenda Item: 6.3 Resolution Adopting Report of the Special Committee for Public Safety YouTube Timestamp: 2:58:09 Moved By: George McGonigal Seconded By: Robert Cantelmo Discussion Summary: Read as written and voted on. Discussions continued about Deputy City Manager position. Vote Passed 10-0 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 Tiffany Kumar x Robert Cantelmo x Kris Haines-Sharp x Agenda Item: 7 Reports from Council And Staff Agenda Item: 7.1 - Reports from Special Committee YouTube Timestamp: 3:56:12 Discussion Summary: George McGonigal gave a brief update, Firefighters, The City, and Executives, currently in negotiations. Motion to Extend YouTube Timestamp: 3:56:20 Motioned By: Jorge DeFendini Seconded By: Ducson Nyugen Vote Passed 10-0 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 Tiffany Kumar x Robert Cantelmo x Kris Haines-Sharp x Agenda Item 7.2- Reports from Common Council Liason YouTube Timestamp: 3:57:57 Phoebe Brown- Reported on Southside Fundraiser. Cynthia Brock- Reported on giving a brief update SJC Committee- created a working group to look at long term solutions for staffing Agenda Item 7.3 – Report from City Clerk No Report (YouTube Timestamp: 4:02:41) Agenda Item 7.4- Report from City Attorney- Will give report in Executive Session YouTube Timestamp: (4:02:38) Agenda Item 8 Executive Session Motion to Move to Executive Session YouTube Timestamp: 4:02:46 Moved By: Robert Cantelmo Seconded by: Kris Haines-Sharp Vote Passed 10-0 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 Tiffany Kumar x Robert Cantelmo x Kris Haines-Sharp x Motion to Exit Executive Session YouTube Timestamp: 4:20:41 Moved By: Robert Cantelmo Seconded By: Ducson Nguyen Vote Passed: 10-1 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 Tiffany Kumar x Robert Cantelmo x Kris Haines-Sharp x Agenda Item 8.1-Resolution Authorizing and Approving Settlement Agreements to Actions Relating to the Opioid Crisis YouTube Timestamp: 4:20:54 Moved by: Laura Lewis Seconded by: Robert Cantelmo Discussion Summary: Reading of the Resolution by Mayor Lewis. Vote Passed 10-0 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 Tiffany Kumar x Robert Cantelmo x Kris Haines-Sharp x Agenda Item 8.1(a) Resolution No.2- Resolution to Authorize Settlement in Boland’s Excavating & Topsoil, Inc. v. City of Ithaca, Index No. EF2021-0645 YouTube Timestamp: 4:23:01 Moved By: Laura Lewis Seconded By: Robert Cantelmo Discussion Summary: Resolution read by Maylor Lewis. No discussion Vote Passed 10-0 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 Tiffany Kumar x Robert Cantelmo x Kris Haines-Sharp x Agenda Item: 8.2 Executive Session to Discuss Personnel Matter YouTube Timestamp: 4:24:52 Moved By: Robert Cantelmo Seconded By: Robert Gearhart Discussion Summary: There will be no vote on Personnel Matter Vote Passed 10-0 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 Tiffany Kumar x Robert Cantelmo x Kris Haines-Sharp x Motion to Exit Executive Session Moved By: Robert Cantelmo Seconded By: Cynthia Brock Discussion Summary: Exit Executive Session 11:15. Vote Passed 10-0 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 Tiffany Kumar x Robert Cantelmo x Kris Haines-Sharp x Agenda Item: 9 Meeting Wrap-Up Agenda Item: 9.1 Next Meeting May 3rd 2023 Agenda Item: 9.2 Meeting Adjourn Motion to Adjourn: Robert Cantelmo Seconded By: Cynthia Brock Discussion Summary: Meeting Adjourned 11:15PM Vote Passed 10-0 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 Tiffany Kumar x Robert Cantelmo x Kris Haines-Sharp x 3.1 PIT - Approval of Outdoor Dining Alcohol Permits WHEREAS, several downtown restaurants have requested permission to utilize certain areas along the Primary and Secondary Commons and sidewalks in the downtown core for outdoor dining, and WHEREAS, the Downtown Ithaca Alliance has requested permission for wine, beer, and hard cider tasting and sales as part of their special events for 2023, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on City property, and WHEREAS, Common Council has determined that the use of public property for outdoor dining and special events including the responsible sale and consumption of alcohol, plays an important role in the vibrancy of the downtown business district, and WHEREAS, Common Council has determined that any use of this or similar public property involving the sale and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2023, Common Council hereby approves the following revocable alcoholic beverage permits for the outdoor sale and consumption of alcohol in accord with the terms and conditions set forth in their applications, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit: Bickering Twins Restaurant Lev Kitchen Luna Inspired Street Food Revelry Yards Red’s Place Collegetown Bagel Viva Taqueria & Cantina and, be it further RESOLVED, That the Downtown Ithaca Alliance be authorized to arrange for wine, beer, and hard cider tasting and sale of bottled wine, beer, and hard cider at booths during their special events between the dates of January 1 to December 31, 2023, and shall comply with all applicable state and local laws, and, be it further RESOLVED, That the Downtown Ithaca Alliance or the participating winery or cider company shall agree to maintain liability insurance in the amount of $1,000,000.00 and Dram Shop Act coverage in the minimum amount of $1,000,000.00 naming the City of Ithaca as an additional insured and shall provide evidence of such insurance to the City Clerk prior to the event. 3.2 Funding for Hiring Outside Legal Counsel for Ethics Investigation WHEREAS, last year, the Common Council raised ethical concerns regarding potential outside financial influence in the Reimagining Public Safety Process; and WHEREAS, the Mayor called for an investigation intended to directly address these concerns; and WHEREAS, the Common Council, the Mayor, the City Attorney, and the Chief of Staff agreed that an investigation needed to be conducted by outside legal counsel in order to maximize public trust in the investigative outcome; and WHEREAS, on July 6, 2022, the Common Council approved funding for this purpose in an amount not to exceed $50,000, specifying that the resulting final written report be made publicly available; and WHEREAS, the outside investigation was thorough and time-consuming across nearly five months, resulting in the Common Council’s December 7 resolution providing an additional $20,000 of funding for outside counsel; and WHEREAS, after the completion, presentation, and publication of the report, the Common Council further consulted with outside counsel, resulting in total charges in excess of the total available funding of $70,000; now, therefore, be it RESOLVED, that Common Council hereby transfers an additional amount not to exceed $1,000 from account A1990 Unrestricted Contingency to account A1420-5435 Attorney contracts, for a total appropriation not to exceed $71,000, to fund the above-described investigation and such related expenses as the Mayor deems necessary 3.3 Amendment to Personnel Roster – Ithaca Police Department WHEREAS, the Ithaca Police Department requested a review of its Financial Clerk position to determine whether the position is appropriately classified, and WHEREAS, the Human Resources Department has reviewed the duties and responsibilities of the Financial Clerk position and has determined that there has been a permanent and material growth in job responsibilities that merits a reclassification of the position to Administrative Assistant, and WHEREAS, the Ithaca Civil Service Commission will review the proposed reclassification of the Financial Clerk position to Administrative Assistant at their April 5, 2023 meeting, now, therefore, be it RESOLVED, that, subject to the approval of the Ithaca Civil Service Commission, the Personnel Roster of the Ithaca Police Department be amended as follows: Add: One (1) Administrative Assistant (Grade 8) Defund: One (1) Financial Clerk (Grade 3) and be it further RESOLVED, that the Financial Clerk position shall remain on the Police Department personnel roster in an unfunded capacity until such time as the employee successfully completes the civil service examination process for Administrative Assistant, at which time the position shall be abolished, and be it further RESOLVED, that the funding for this change shall be derived from existing funds within the Ithaca Police Department’s budget. 3.4 Resolution Renewing City-Cornell MOU Permitting Means Restriction Installations to Continue Under City Bridges WHEREAS, the City of Ithaca owns three high gorge bridges on East Hill adjacent to or connecting within the Cornell University campus, namely, the Stewart Avenue Bridge over Cascadilla Creek, the Thurston Avenue Bridge over Fall Creek, and the Stewart Avenue Bridge over Fall Creek; and WHEREAS, Cornell University owns four high gorge bridges on East Hill adjacent to or connecting within the Cornell campus, namely, the Trolley Bridge over Cascadilla Creek, the College Avenue Bridge over Cascadilla Creek, the Beebe Dam Bridge over Fall Creek, and the Suspension Bridge over Fall Creek; and WHEREAS, in 2010 – 2012, Cornell, in consultation with the City, designed, obtained approvals for, and ultimately contracted for, means restriction systems installed under the above-listed bridges; and WHEREAS, as part of that process, the City accepted privilege of the floor comments at various public meetings and held public hearings of the Common Council and the City’s Board of Public Works on July 14, 2010, and June 28, 2011, concerning the potential use of means restriction on high gorge bridges; and WHEREAS, the City and Cornell recognize and highly value the natural beauty and majesty of the deep gorges of Fall Creek and Cascadilla Creek on East Hill, and the scenic vistas of them from various points accessible to the public, and the special and positive effect these gorges and vistas have on the majority of the people who live, work, or visit in Ithaca and on the Cornell campus; and WHEREAS, as a result of extensive discussions, feedback, and public comment, Cornell took into account the public’s opinions about the value of preserving the natural beauty and their aversion to blocking or unduly interfering with views of and from these high gorge bridges; and WHEREAS, Cornell stated its intent to, and thereafter did, provide to the City means restriction systems for the three City bridges free of charge to the City, and made their maintenance, repair and other obligations of operation and ownership wholly or substantially “cost-neutral” to the City during the term of the Agreement; and WHEREAS, more specifically, on December 15, 2012, the City and Cornell entered into an Agreement Concerning Installation and Maintenance of Nets Under Certain City High Gorge Bridges (“Original Agreement”), which permitted Cornell to install means restriction systems and related infrastructure on the City-Owned Bridges; and WHEREAS, that agreement had a term of ten years, starting as of the date that Cornell and the City executed a letter of commencement transferring ownership to the City of the means restriction systems and associated equipment on the City-Owned Bridges; and WHEREAS, the letter of commencement was signed by the parties on May 17, 2013, such that the Original Agreement expires on May 16, 2023; and WHEREAS, the City wishes to consent to the continued presence of the means restriction systems on the three City-owned bridges on the terms and conditions set forth herein for a renewal period of an additional ten years; now therefore be it RESOLVED, That the Council hereby consents to the continued presence of the means restriction systems under and upon the three, City-owned, high gorge bridges specified above, subject to terms and conditions substantially similar to those set forth in the proposed renewal agreement entitled “Second Agreement Between the City of Ithaca and Cornell University Concerning Maintenance of Means Restriction Systems Under Certain City High Gorge Bridges,” included herewith; and be it further RESOLVED, That the Mayor, upon consultation with the City Attorney, is hereby authorized to execute an agreement substantially similar to the aforementioned, as included herewith. 3.5 Amendment to Personnel Roster – DPW – Water Treatment Plant Staff WHEREAS, the Water Treatment Plant (WTP) is restructuring its staff organization to more efficiently meet operational requirements and water quality standards; and WHEREAS, recent changes in the number of shifts and the timing of maintenance and repair work has highlighted the need for an additional supervisory position, which is typically performed by a Senior Water Treatment Plant Operator, and WHEREAS, New York State Department of Health (NYSDOH) is expanding its lead and copper sampling requirements in 2024, which will greatly increase the workload for laboratory staff, and an additional Laboratory Technician position is needed; and WHEREAS, the changes listed above will reduce the need for two Water Treatment Plant Operator positions, and the proposed roster changes can be made without any impact to the 2023 budget; now therefore be it RESOLVED, that the personnel roster of the Department of Public Works be amended as follows: Add: one (1) Senior Water Treatment Plant Operator Add: one (1) Laboratory Technician Defund: two (2) Water Treatment Plant Operators and be it further RESOLVED, that the above changes shall be funded by using existing funds in the 2023 DPW budget. 3.6 Resolution to Amend the Youth Bureau 2023 Roster WHEREAS, the Youth Bureau is requesting an amendment to the 2023 roster; and, WHEREAS, the Recreation Support Services (RSS) program has been working at a decreased staffing level since 2020; and, WHEREAS, participant waitlists for both youth and adults continue to grow; and, WHEREAS, multiple contracts for services have stayed at the same levels; and, WHEREAS, new administrative and reporting systems, new health and safety requirements, and program modifications have resulted from COVID; and, WHEREAS, the Youth Bureau wishes to increase the workweek for a vacant Specialist in Recreation for Individuals with Disabilities position from 20 hours/week to 35 hours/week; and WHEREAS, this amendment does not require any amendments to the 2023 YB budget now, therefore, be it RESOLVED, that the Personnel Roster of the Youth Bureau shall be amended effective June 1, 2023 as follows: Increase: One (1) Specialist in Recreation for Individuals with Disabilities position from 20 hours/week to 35 hours/week. 3.7 Request to Amend the Youth Bureau 2023 Budget WHEREAS, the Ithaca City School District has agreed to give the Youth Bureau $5,234 in new funding for the Student Tutor Program and WHEREAS, the goal of this program is to teach high school students how to tutor middle school students and support middle school students in increasing their knowledge and understanding of their math subjects. This program will also help middle school students develop high school connections allowing them to feel more comfortable transitioning to high school and WHEREAS, the Youth Bureau staff will work closely with ICSD to assist the Student Tutors in their work and provide compensation for the Tutors, therefore, be it RESOLVED, That Common Council hereby amends the 2023 Youth Bureau budget as follows: Increase Revenues: Account # A7310-2705-1200 Youth Development Administration $4,577.00 Account # A7310-2705-1400 Youth Bureau Administration $ 657.00 Total $5,234.00 Increase Expenses: Account # A 7310-5120-1200 Part time/Seasonal $ 4,000.00 Account # A 7310-5460-1200 Program Supplies $ 46.81 Account # A 7310-5120-1400 Part time/Seasonal $ 567.00 Account # A7310-9030 FICA/MEDICARE $ 390.19 Account # A7310-9040 Workers Comp $ 230.00 Total $ 5,234.00 3.8 Resolution to Approve Execution of Mutual Release of Agreement and Interests Pertaining to Property Located at 401 Third Street WHEREAS, in 1931, the City of Ithaca entered into an agreement with the then-owners of property located at the corner of Third Street and Adams Street, presently known as 401 Third Street (Tax Parcels 25.-5-5 and 25.-5-4) (the “Property”), which agreement was memorialized in instruments recorded with the office of the Tompkins County Clerk at Liber 279 of Deeds at page 463 and Liber 226 of Deeds at page 39 (the “Agreement”), and WHEREAS, the Agreement granted the City the right to use a then-existing railroad spur and to construct and maintain an extension of said spur across the Property for the benefit of adjacent City-owned property; and WHEREAS, the railroad spur and associated infrastructure are no longer in existence and are unlikely to be reconstructed; and WHEREAS, Patel Lanes, Inc., the owner of the Property, has requested that the City release its interests created by the Agreement in exchange for a mutual release of any obligations created by the Agreement (the “Release”); and WHEREAS, in light of the demolition of the railroad and associated infrastructure, the City no longer has any need for the interests created by the Agreement, which are of no value to the City; and WHEREAS, the City executed a similar release for an adjacent parcel to the west in 1992, recorded at Liber 687 of Deeds at page 260; and WHEREAS, any costs relating to the execution or recordation of the Release will be borne by the Property’s owner; be it hereby RESOLVED, that the Mayor of the City of Ithaca, subject to the advice of the City Attorney, is hereby authorized to execute a Release in a form substantially similar to the draft attached hereto. 4.1 Resolution – Renewing Right to Counsel MOU with LawNY Whereas, on Oct 3, 2021, the Common Council adopted a Right to Counsel resolution including the following features: a. Attorney-client representations of City-resident tenants in City Court; b. Non-attorney-client advising and guidance for City-resident tenants who contact LawNY seeking same; and c. A LawNY presence at City Court (generally once per week) to assist tenants appearing in court with (a) non-attorney-client advising and guidance, and (b) potential client intake as new LawNY clients; and; Whereas, as part of the 2022 Authorized Budget, Common Council included $125,000 for said program, and thereafter on May 4, 2022 authorized the use of said funds for said program; and Whereas, the current Agreement between the City and LawNY for the funding and operation of the Right to Counsel program expires on March 31, 2023; and Whereas, despite LawNY’s best efforts, the substantial majority of said funding remains available at this time, and LawNY has indicated its willingness to continue the program for a renewal period; now, therefore, be it Resolved, that the Mayor and the City Controller are hereby authorized to devote to a renewal term of this agreement the unexpended remainder of the previously-budgeted $125,000 for this program; and be it further Resolved, that the Mayor, on the advice of the City Attorney, is hereby authorized to execute a renewal of the expiring Right to Counsel Agreement with LawNY on terms substantially similar to those already contained in that Agreement, for a period commencing April 1, 2023 and concluding on March 31, 2024. 4.2 Release of Funds from Restricted Contingency for The REACH Project, Inc WHEREAS, as part of the 2023 Authorized City Budget, Common Council included $100,000 in restricted contingency funding to The REACH Project, Inc., and WHEREAS, the funds will be used to support the continuation and expansion of medical services to city residents, and outreach medical services delivered to underserved, low-income residents of Ithaca, including a focus on sheltered and unsheltered homeless individuals, and Harm-reduction medical outreach services to low-income and homeless individuals to cover costs of clinical staff and administrative support expenses that cannot be reimbursed through billing medical insurance; now, therefore be it RESOLVED, That Common Council hereby releases $100,000 from Account A1990 Restricted Contingency and transfers the funds to Account A1012-5435 Community Service Contracts for the purpose of funding The REACH Project, Inc. for 2023. 5.1 Authorization for Matching Funds for the Federal Carbon Reduction Grant for a Transportation Network Project – Resolution WHEREAS, the City of Ithaca desires to provide safe multi-modal transportation infrastructure to its residents and visitors; and WHEREAS, the City of Ithaca, through its Green New Deal, aspires to reduce carbon emissions originating from transportation sources, and understands that provision of multimodal transportation infrastructure results in a greater share of people walking and biking in the City; and WHEREAS, the United States Department of Transportation, through its Bipartisan Infrastructure Law (BIL), established the Carbon Reduction Program to fund certain categories of projects that have the effect of reducing carbon emissions; and WHEREAS, Ithaca’s transportation Metropolitan Planning Organization (MPO), Ithaca Tompkins County Transportation Council (ITCTC) is responsible for distributing $463,855 of the Carbon Reduction Program funding allotted to New York State to municipalities within Tompkins County; and WHEREAS, the City of Ithaca expressed interest in utilizing the Carbon Reduction Program funding referenced above to create a detailed, block by block conceptual multimodal plan for six corridors identified by Bike Walk Tompkins in their Better Bike Network plan through robust public outreach; and WHEREAS, no other municipalities in Tompkins County have submitted projects for consideration for the Carbon Reduction Program funding, and NYSDOT is supportive of using this funding source for this project; and WHEREAS, the Carbon Reduction Program funding can provide up to 80% of a project cost, with a required local match of minimum 20%; and WHEREAS, the City of Ithaca engineering team received an estimate from a transportation engineering/planning company for a total project cost of $587,000 which would create a detailed block-by-block conceptual plan for the project and includes public outreach for all routes; and WHEREAS, since the Carbon Reduction Program provides reimbursement funding, the City would provide funding for the full project and be reimbursed for $463,855; therefore, the City’s share of the project after the reimbursement would be $123,145 ($587,000 minus $463,855); then be it RESOLVED, that Common Council hereby agrees that the City of Ithaca will be responsible for the local match share of the project, $123,145. 6.1 Resolution for Ithaca Area Wastewater Treatment Facility (IAWWTF)Camden Contract Amendment #2 WHEREAS, the Ithaca Area Wastewater Treatment Facility (IAWWTF) has been unable to obtain a qualified licensed 4A Chief Plant Operator, and is approaching critical personnel levels due to short staffing, and WHEREAS, as the administrative representative of the IAWWTF, the City of Ithaca contracted with The Camden Group, Inc. on January 7, 2022, to provide supplemental plant staffing, management, and consulting services for a 4A licensed Chief Operator position until June 2022, and WHEREAS, The Camden Group contract was subsequently amended (Contract Amendment #1) to carry coverage through June 2023, for an additional amount of $265,880, and WHEREAS, IAWWTF staff levels have continued to decrease and are now at a critical level, and WHEREAS, The City is desirous in expanding The Camden Group contract to include the following modifications as Contract Amendment #2: 1. Continue providing on-site managerial level staffing with the services of a 4A licensed Chief Operator with an extended duration through December 31, 2023 2. Provide additional experienced contract operations personnel 3. Reset the contract period to align with the City’s budget schedule; and RESOLVED, that Contract Amendment #2 with The Camden Group, be approved for an amount not to exceed $656,160 for services covering the period of January 1, 2023 through December 31, 2023; and be it further RESOLVED, that funds necessary for said contract amendment be derived from the following sources as determined by the City Controller: $266,000 from the existing approved 2023 budget, $139,813 in unexpended funds from Contract Amendment #1 and $250,347 from 2023 vacant position personnel funds. 6.2. Appointment to the Sustainability & Climate Justice Commission RESOLVED, that Scott Doyle that be appointed for a two year term to expire on December 31, 2025, that Christine O’Malley be appointed for a two year term to expire on December 31, 2025, that David Kay be appointed for a two year term to expire December 31, 2025, that Iris Packman be appointed for a one year term to expire December 31, 2024, that Tanya Saunder be appointed for a one year term to expire December 31, 2024, and that Alexander Travis be appointed for a one year term to expire December 31, 2024. 6.3 Resolution Adopting Report of the Special Committee for Public Safety WHEREAS following the murder of George Floyd by Minneapolis police officer Derek Chauvin and citing “a long and painful history in New York State of discrimination and mistreatment of Black and African-American citizens,” then-New York Governor Andrew Cuomo issued Executive Order 203 calling upon local governments that operate police agencies to study their current operations and develop a plan to address “the particular needs of the communities served by such police agency and promote community engagement to foster trust, fairness, and legitimacy, and to address any racial bias and disproportionate policing of communities of color”; and WHEREAS in response to EO 203, the City of Ithaca passed a resolution to adopt a series of city-specific and joint recommendations with Tompkins County; and WHEREAS beginning in June 2021 the Reimagining Public Safety (RPS) Working Group and its over 35 members, technical advisors, and subcommittee contributors held biweekly meetings for 8 months to discuss RPS implementation with community input gathered via a website and in-person and virtual public forums; and WHEREAS in June 2022, Common Council accepted a report from the RPS working group and adopted the following actions: 1. Establish a civilian leadership position, with authority designated by the Mayor, to oversee the City’s public safety response systems. 2. Establish an ad-hoc public safety committee. 3. Require community-centered training for both armed and unarmed first responders. 4. Supply improved technology for community safety efforts. 5. Implement improved data collection and public reporting of such data; and WHEREAS resulting from this resolution, the City established a Special Committee for Public Safety charged with determining the next steps for public safety reform implementation; and WHEREAS on March 8, 2023, the Special Committee unanimously referred its report out of committee, now therefore be it RESOLVED that Common Council ADOPTS the report of the Special Committee for Public Safety and its recommendations to • Establish a Deputy City Manager position to: o Develop and codify a holistic crisis response approach to oversee its implementation; o To oversee IPD, Crisis Co-Response team, LEAD, and RPS-coordination o To initiate a pilot program with IPD; and, o To implement strategies to build relationships between officers and community organizations; and • Establish a team of peer support specialists who can co-respond with law enforcement as appropriate to non-violent calls for assistance, but not be under the purview of law enforcement with the role of: o Providing a team of peer support specialists to co-respond with law enforcement as appropriate, and serve as an alternative to a law enforcement-only response to address behavioral health and other related crisis; o Conducting assessments of the needs of the affected individuals and their families; o Managing and overseeing immediate support plan for each impacted individual and their family; and o Organizing and coordinating all information on applicable and available services and partner agencies to respond to the needs for the impacted individuals and their family; o Connecting individuals with appropriate services and follow through until a hand off to a fixed support system can be confirmed; o Managing the information on responses, personal information of individuals and relevant data for reporting; o Providing aid to reduce dependence on, and divert away from, law enforcement response systems; o Working with the City’s LEAD team; and • Maintain and support progressive change in the IPD, including; o Full participation in CJC training programs addressing generation CJC training programs addressing generational trauma, de-escalation, antiracism, anti-bias and others as required on an on-going, and not one-time basis; o Regular participation in Advocacy Center-led training programs for all officers; o Further reality-based training to apply these learned principles to experiential scenarios; and • Strengthen accountability systems through: o Adopting and implementing whistleblower protections to protect employees from retaliation, ensure investigations of complaints are made and corrective action taken, where needed, and to notify employees of their rights so they will feel empowered and safe in filing a complaint; and o Expanding resources and training for Community Policy Board members which includes: 1. Annual funding for members of the CPB to receive law enforcement oversight training from the National Association of Civilian Oversight of Law Enforcement or a substantively similar peer organization approved by Common Council; 2. Updating City policies as needed to require IPD Chief (or his/her designee) participation in CPB meetings and oversight responsibilities; and 3. Common Council may make funding available for 3rd party investigations into police conduct and/or complex community-generated complaints; and, • Establish a Standing Committee for Public Safety to continue conversation, listening, and policy deliberation on an ongoing basis; and • Reconstitute the Public Safety and Information Commission as the cognizant advisory body for proactive community discussion and feedback on public safety reform. 8.1 Resolution – Authorizing and Approving Settlement Agreements to Actions Relating to the Opioid Crisis Whereas, the City has for some time joined with many other municipalities in retaining outside counsel to represent the City’s interests in recovering damages in the nationwide litigation pertaining to the opioid epidemic; and Whereas, that litigation has been against several defendants, including manufacturers of opioids, distributors of opioids and chain pharmacies; and Whereas, the litigation alleges several causes of action against defendants CVS, Walgreens, and Walmart; and Whereas, New York State has opted to participate in settlements, in which the City now has the opportunity to participate, of claims against the foregoing defendants; and Whereas, it is in the best interest of the City to resolve the above-referenced litigation without further litigation and enter into the proposed settlement agreements (“Agreements”), as encouraged by outside counsel, as the Agreement shall settle all allegations against the defendants and avoid protracted litigation; now, therefore be it RESOLVED, that the City Attorney is hereby authorized to coordinate with outside counsel (Napoli Shkolnik PLLC) to effectuate on behalf of the City the Participation Agreements in the CVS, Walgreens and Walmart Settlements, the applicable settlement Sharing Agreements, and any necessary associated documents for said settlements; and be it further RESOLVED; the City Controller is authorized to accept the Settlement Funds per the above- described settlements, in an estimated, aggregate, multi-year amount in excess of $100,000. 8.1 (a) Resolution to Authorize Settlement in Boland’s Excavating & Topsoil, Inc. v. City of Ithaca, Index No. EF2021-0645 WHEREAS, Boland’s Excavating & Topsoil, Inc. (“Boland’s) was awarded a bid on or about September 6, 2019, for the construction of a new fuel distribution facility for the City and associated work (Capital Project 799); and WHEREAS, pursuant to the terms of the contract, the City assessed and withheld $44,200.00 in liquidated damages against Boland’s as a result of the Project’s completion beyond the scheduled contract timeline; and WHEREAS, on or about September 1, 2021, Boland’s filed an action in Tompkins County Supreme Court, Index No. EF2021-0645 (“Action”) seeking $140,708.43 in damages; and WHEREAS, upon the recommendation of the City Attorney, the City wishes to resolve the Action without further litigation; be it hereby RESOLVED, that the Mayor, subject to the advice of the City Attorney, is hereby authorized to execute a settlement agreement with Boland’s in a form substantially similar to that included herewith; and be it further RESOLVED, that the expenditure of an amount not to exceed $20,000.00 is authorized for settlement of the Action, which funds are to be derived from Account A1930, Judgment & Claims.