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Home My WebLink AboutMN-COW STUDY SESSION-2024-02-21YouTube Link:Study Session- Agenda Planning Date: Location: Wednesday February 21, 2024 108 E. Green Street Ithaca NY 14850 COMMITTEE OF THE WHOLE STUDY SESSION VOTING RECORD 1.Call To Order 2.Agenda Planning 2.1 Amendment to Personnel Roster-Information Systems Desktop Specialist Attendance Record of Voting Members Name Present Absent/Excused Mayor - Robert Cantelmo X 1st Ward - Kayla Matos X 1st Ward - Phoebe Brown X 2nd Ward - Ducson Nguyen X 2nd Ward - Kris Haines-Sharp X 3rd Ward - David Shapiro X 3rd Ward - Pierre Saint-Perez X 4th Ward - Patrick Kuehl X 4th Ward - Tiffany Kumar X 5th Ward - Margaret Fabrizio X 5th Ward - Clyde Lederman X Discussion Summary: Mayor Robert Cantelmo called meeting to order. This is Council's first study session, where members will be setting the agenda for the upcoming month. This meeting is to discuss possible future agenda items for the Special Topics work session or to set as priority for the Legislative Retreat. Mayor Cantelmo announced Alderperson Shapiro is excused for qualifying reasons and will not be attending the meeting, Alderperson Saint-Perez will be participating virtually for qualifying reasons, Alderperson Kumar will be arriving late. Timestamp 1:24 Discussion Summary: Mayor Cantelmo reminded Council this item discussion is to determine if this item is a procedural item and ready for consent agenda or is a substantive discussion needed by council. City Manager Deb Mohlenhoff will take questions in absence of Alan Karasin, Director or PIT. This position was approved as part of last year's budget. This item is for Council to allow this position to be officially added to the Roster. Timestamp 2:53 Moved By: Patrick Kuehl Seconded By: Clyde Lederman Motion Summary: Move to add to Consent Agenda at March 6th Common Council Regular Meeting. Timestamp 8:16 2.2 November CA Minutes 3.New Business Vote Passed 10-0 Carried Unanimously Member Approve Oppose Recuse Robert Cantelmo X Kayla Matos X Phoebe Brown X Ducson Nguyen X Kris Haines-Sharp X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Clyde Lederman X Discussion Summary: Council is being asked to approve minutes from the last City Administration Meeting. The last time City Administration Committee met was in November. There have been no meetings since then. Moved By: Kris Haines-Sharp Seconded By: Tiffany Kumar Motion Summary: Motion to approve 11-29-2023 City Administration Meeting Minutes. Vote Passed 10-0 Carried Unanimously Member Approve Oppose Recuse Robert Cantelmo X Kayla Matos X Phoebe Brown X Ducson Nguyen X Kris Haines-Sharp X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Clyde Lederman X Discussion Summary: Mayor Cantelmo informed Council there will be an Executive Personnel Committee Resolution brought before Council at the March 6th Voting Meeting. Presentation by IPD Chief Kelly and Public Safety Consultant Kathy Zoner on Reimagining Public Safety will be presented at the March 13th Special Topics Work Session Meeting Timestamp 10:16 Alderperson Shapiro joined Council Discussion. Timestamp 20:53 Alderperson Kumar is adding Sidewalk Snow and Ice Removal discussion topic to the March 13th Special Topics Work Session Meeting. Timestamp 26.40 Alderperson Brown wants to add the discussion topic of Quality of Life, Affordability, and Habituality for residents to the Retreat Agenda. Timestamp 28.58 Alderperson Matos's Cease Fire Resolution discussion will be added to the March 13th Special Topic Work Session Meeting. Timestamp 50:40 Alderperson Kumar's Just Cause Employment discussion topic will be brought before Council at the March 3rd Legislative Retreat. Timestamp 51:35 Alderperson Shapiro requested to a future discussion on the City's approach to caring for the Unhoused community, either meeting will be acceptable to Alderperson Shapiro. Timestamp 54:10 Alderperson Nguyen is asking to revisit the discussion topic of the comprehensive planning and general housing strategy at the March 3rd Retreat. Timestamp 57:06 Alderperson Brown posed the question regarding the Reimaging Public Safety discussion being brought up at the retreat. Mayor Cantelmo reiterated there will be a discussion about Reimaging Public Safety at the March 3rd retreat and a presentation on Reimaging Public Safety at the March 13th meeting. Timestamp 57:49 Alderperson Fabrizio is requesting a presentation on the fiscal state of the city and would like to have an analysis provided to the Council before having any kind of discussion on budget priorities coupled with a presentation by the County Assessor on tax levies and tax rates. Mayor Cantelmo agrees this type of discussion falls in line with the Retreat discussion. Timestamp 58:26 Alderperson Saint-Perez would like to add inter-municipal collaboration and how we as a municipality can be a good neighbor and partner to the Retreat Agenda. Timestamp 1:05:21 Alderperson Kuehl gave a list of discussion topics to add to the retreat agenda, high priority discussions include Zoning, City Planning, DPW, IFD Fire Tower, Workforce development plan, Dark Skies Initiative in Ithaca, making Ithaca more walkable, infrastructure projects, Timestamp 1:07:06 Mayor Cantelmo spoke to Council about having an unstructured set of future agenda items and will be opposing future votes to add items to the agenda until Council can have a clear set of Legislative Priorities that Council can organize. Timestamp 1:09:12 City Manager clarified that the Retreat is going to look and feel similar to a Strategic Planning Retreat and is designed for Council to come out of the Retreat with a Strategic Theme. City Manager Mohlenhoff gave Council a breakdown of how the retreat will be used to prioritize their list of topics. Timestamp 1:11:57 Alderperson Fabrizio is requesting to add a discussion on Fiscal Health at the Legislative Retreat. Timestamp 1:17:13 Moved By: Patrick Kuehl Seconded By: Tiffany Kumar Motion Summary: Alderperson Kuehl motioned to Suspend the Rules of Procedure for this meeting to allow Straw poll voting. Timestamp 23:42 Vote Passed 9-2 Member Approve Oppose Abstain Robert Cantelmo X Kayla Matos X Phoebe Brown X Ducson Nguyen X Kris Haines-Sharp X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Clyde Lederman X Moved By: Kayla Matos Seconded By: Ducson Nguyen Motion Summary: Alderperson Kuehl moved to Straw Poll Cease Fire Discussion Topic Timestamp 42:43 Vote Passed 11-0 Carried Unanimously Member Approve Oppose Abstain Robert Cantelmo X Kayla Matos X Phoebe Brown X Ducson Nguyen X Kris Haines-Sharp X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Clyde Lederman X Moved By: Tiffany Kumar 4.Reports From Committee/Commissions 5.Meeting Wrap-Up Seconded By: Clyde Lederman Motion Summary: Motion to move into executive session to discuss a personnel matter. Timestamp 1:20:05 Vote Passed 11-0 Carried Unanimously Member Approve Oppose Abstain Robert Cantelmo X Kayla Matos X Phoebe Brown X Ducson Nguyen X Kris Haines-Sharp X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Clyde Lederman X Discussion Summary: No Report from Council. Discussion Summary: Council entered into an executive session to discuss a personnel matter. There will be no voting item coming out of this executive session. The meeting will adjourn at the end of the executive session. Alderperson Saint-Perez will be absent from the Executive Session. Timestamp 1:20:23 Moved By: Tiffany Kumar Seconded By: Clyde Lederman Motion Summary: Motion to Enter into Executive Session Vote Passed 11-0 Carried Unanimously Member Approve Oppose Abstain Robert Cantelmo X Kayla Matos X Phoebe Brown X Ducson Nguyen X Kris Haines-Sharp X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Clyde Lederman X Moved By: Tiffany Kumar Seconded By: Kris Haines-Sharp Motion Summary: Motion to exit Executive session. Vote Passed 10-0 Carried Unanimously Member Approve Oppose Abstain Robert Cantelmo X Kayla Matos X Phoebe Brown X Ducson Nguyen X Kris Haines-Sharp X David Shapiro X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Clyde Lederman X Moved By: David Shapiro Seconded By: Patrick Kuehl Motion Summary: Motion to Adjourn. Vote Passed 10-0 Carried Unanimously Member Approve Oppose Abstain Robert Cantelmo X Kayla Matos X Phoebe Brown X Ducson Nguyen X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Clyde Lederman X Date: Time: Location: Watch Online: Wednesday February 21, 2024 6:00 PM 108 E. Green Street Ithaca NY 14850 https://www.youtube.com/@CityofIthacaPublicMeetings COMMITTEE OF THE WHOLE-SM STUDY SESSION AGENDA 1.Call To Order 1.1. 2.Agenda Planning 2.1. 2.2. 3.New Business 4.Reports From Committee/Commissions 5.Meeting Wrap-Up Emergency Evacuation Amendment to Personnel Roster-Information Systems Desktop Specialist November CA Minutes Discussion Of Possible Future Agenda Items 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 Committee Of The Whole-SM Through the Agenda Link Written comments can be submitted to Common Council using this form: https://tinyurl.com/mr9kdhw8 The public can provide short statements during this portion of the meeting. 3 minutes is the maximum time allotted, but the chair reserves the right to modify the amount of time per individual at the start of the meeting. Only the first hour of the meeting is set aside for Public Comment. *Written comments submitted will be compiled and entered into the record. Sign Up For Public Comments:https://tinyurl.com/7ts9zmku 1 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Shaniqua Lewis, TO:Committee Of The Whole-SM FROM:Mayor Robert Cantelmo DATE:February 21, 2024 RE:Amendment to Personnel Roster-Information Systems Desktop Specialist CP#: N/A MEMORANDUM Vote to approve roster change for new I.T. position funded in 2024 budget 2 Amendment to Personnel Roster – Information Systems Desktop Specialist WHEREAS, the Department of Public Information and Technology has conducted a staffing needs assessment and is in the process of updating and upgrading several key staff positions; and WHEREAS, the Department has identified the need to create a position with an skill set to provide the level of knowledge, skills, and experience needed to manage the City’s technology inventory and assets; and WHEREAS, the Ithaca Civil Service Commission established the classification of Information Systems Endpoint Analyst at their February 2024 meeting; and WHEREAS, this position is needed to provide additional support to the Information System Managers and the Information Systems Endpoint Analyst position; now, therefore, be it RESOLVED, That the Personnel Roster of the Department of Public Information and Technology be amended as follows: Add: One (1) Information Systems Desktop Specialist and, be it further RESOLVED, That the position of Information Systems Desktop Specialist shall be assigned to the Confidential Employees 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 existing funds within the approved departmental budget. 3 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Shaniqua Lewis, TO:Committee Of The Whole-SM FROM:Mayor Robert Cantelmo DATE:February 21, 2024 RE:November CA Minutes CP#:N/A MEMORANDUM Review and Approval of the last set of Minutes for the final CA meeting that was held on 9-23- 2024. 4 CITY ADMINISTRATION COMMITTEE CITY OF ITHACA, NEW YORK Regular Meeting 6:00p.m. November 29, 2023 PRESENT: Alderperson Cantelmo– Chair Alderpersons Defendini, Flemming, Haines-Sharp and McGonigal EXCUSED: Alderpersons: OTHERS PRESENT: Chief of Staff –Mohlenhoff HR Director –Michell-Nunn Controller –Thayer Deputy Controller– Andrew 1.Call to Order 1.1 Agenda Review 1.2 Review/Approval of Minutes: Alderperson Defendini made a motion to approve the minutes from the City Administration Committee meeting held on November 29, 2023. Seconded by AlderpersonFlemming. Motion carried unanimously. 2.Petitions and Hearings of Persons Before Council 2.1 Statements from the Public Cynthia Silver and Erin Cuddihy spoke out against the guardrail on Fall Creek Drive. 2.2 Council Response Alderperson McGonigal doesn’t see a need for the guardrail, he thinks it’s a bad decision. 5 3.Consent Agenda 3.1 Moved by Alderperson Defendini..Seconded by Alderperson Haines-Sharp. This resolution was moved to 4.1 A vote on the resolution resulted as follows: Passed unanimously. 3.2 Resolution: AuthorizationtoCoverRedAccounts Moved by Alderperson Defendini. Seconded by Alderperson Haines-Sharp. RESOLVED,ThattheCityControllerbeempoweredtomaketransferswithinthe2023 budget appropriations, as needed, for the remainder of the 2023 Fiscal Year. A vote on the resolution resulted as follows: Passed unanimously. 3.3 Resolution: IPD -Approval of Donation for Equipment Moved by Alderperson Defendini. Seconded by AlderpersonHaines-Sharp. WHEREAS,TheIthacaPoliceDepartment(IPD)wasrecentlynotifiedthattheywill receive a $5,000 donation from the Park Foundation for 2023, and WHEREAS,theIPDhasrecommendedthefundsbeusedtopurchaseTraumaGear includingquickclot,tourniquetsandassociatedcarryingpouches;now,therefore,beit RESOLVED,ThatCommonCouncilherebyacceptthe$5,000donationfromthePark FoundationforthePurchaseofTraumaGear,andbeitfurther RESOLVED,ThattheCommonCouncilthankstheParkFoundationfortheirgenerous donation to the City’s Police Department, and be it further RESOLVED,thattheCommonCouncilherebyamendsthe2023AuthorizedPolice Department Budget as follows: Increase Revenue Account A3120-2705-5001 $5,000 Increase 6 AppropriationAccountA3120-5477-5001 $5,000 A vote on the resolution resultedas follows: Passed unanimously. 3.4 Resolution: GIAC –Amendment to Budget for a DOJ COSSAP Grant Moved by Alderperson Defendini. Seconded by AlderpersonHaines-Sharp. 3.4 GIAC–AmendmenttoBudgetforaDOJCOSSAPGrant WHEREAS,theCityapplied forandreceivedaDepartmentof JusticeCOSSAPGrantfromthe U.S.DepartmentofJusticeintheamountof$900,000,and WHEREAS,thegrantwillrununtilSeptember30,2023,andwillprovideaComprehensive Opioid,StimulantandSubstanceAbuseSite‐BasedProgramfortheCityofIthaca’sLEAD Program; now, therefore, be it RESOLVED,ThatCommonCouncilherebyamendsthe2023AuthorizedGIACBudgetto account for the $900,000COSSAPGrantfromtheU.S.DepartmentofJusticeasfollows: IncreaseRevenueAccount:A7311‐4089 FederalAid ‐Other $900,000 IncreaseAppropriationsAccounts:A7311‐5110‐01170 StaﬀSalary $192,625 A7311‐5425‐01170 Oﬃce Supplies $1,800 A7311‐5430‐01170 Fees $144,900 A7311‐5435‐01170 Contracts $491,747 A7311‐5445‐01170 Travel $26,140 A7311‐9030 Social Security $14,736 A7311‐9060 Hospital &Medical $28,052 7 4 Departmentof Justice (DOJ) Office ofJusticePrograms Officeofthe Assistant Attorney General Washington,D.C.20531 TheHonorableSvante Myrick Cityoflthaca 108E Green Street Ithaca, NY 14850 Dear MayorMyrick: On behalf of Attorney General William P.Barr,it is my pleasure to inform you that the Office of Justice Programs (OJP),U.S. Department of Justice (DOJ),has approved the application by City of Ithaca for an award under the OJP funding opportunity entitled "Comprehensive Opioid, Stimulant, and Substance Abuse Site-based Program: Local or Tribal Applications."The approved award amount is $900,000.These funds are for the project entitled City of Ithaca's LEAD Program. The award document, including award conditions, is enclosed.The entire document is to be reviewed carefully before any decision to accept the award.Also,the webpage entitled "Legal Notices:Special circumstances as to particular award conditions"(ojp.gov/funding/Explore/Lega!Notices-AwardReqts.htm)is to be consulted prior to an acceptance.Through that "Legal Notices"webpage,OJP sets out --by funding opportunity --certain special circumstances that may or will affect the applicability of one or more award requirements.Any such legal notice pertaining to award requirements that is posted through that webpage is incorporated by reference into the award. Please note that award requirements include not only award conditions, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award.Because these requirements encompass financial, administrative,and programmatic matters,as well as other important matters (e.g.,specific restrictions on use of funds),it is vital that all key staff know the award requirements,and receive the award conditions and the assurances and certifications,as well as the application as approved by OJP.(Information on all pertinent award requirements also must be provided to any subrecipient of the award.) Should City oflthaca accept the award and then fail to comply with an award requirement,DOJ will pursue appropriate remedies for non-compliance,which may include termination of the award and/or a requirement to repay award funds. Please direct questions regarding thisaward asfollows: -For program questions, contact Jocelyn Linde, Program Manager at(202)598-1045; and -For financial questions,contact the Customer Service Center ofOJP's Office of the Chief Financial Officer at (800) 458-0786, or at ask.ocfo@usdoj.gov. Welookforwardtoworkingwith you. Sincerely, Katharine T.Sullivan PrincipalDeputy Assistant Attorney General A vote on the resolution resulted as follows: Passed unanimously. 8 5 4.Administration, Human Resources, & Policy 4.1 Resolution: Resolution to Authorize City-County CARE Team MOU Moved by Alderperson Defendini. Seconded by Alderperson Haines-Sharp. WHEREAS, Tompkins County has provided funding for a licensed professional clinician position for the purpose of establishing a piloted law enforcement and mentalhealthco- response team in the adopted 2023 budget; and WHEREAS,inordertoestablishaco-responseteam,theIthacaCityPolice Department and Mental Health Services of Tompkins County Whole Health seek to establish the Crisis Alternative Response and Engagement(CARE) Team and its policies and procedures; and WHEREAS,theCityandCountyendeavorandagreeto,wheneverpossibleinthe best interest of the public, and consistent with the Law Enforcement agencies’ policies and procedures, preempt circumstances requiring the arrest, possible incarceration, or hospitalization of people suffering from mental illness, substance use disorders and/or those who have special needs, to facilitate their referral to community based organizations, to provide resources and to effectively link these individuals to appropriate mental health or substance use treatment in the community through the implementation of theCrisis Alternative Response and Engagement (CARE) Team; NOW,THEREFORE,BEIT: RESOLVED thattheMayor,ontheadviceoftheCityAttorney,isauthorizedto execute an MOU establishing and governing a City-County CARE Team in a manner substantially similar to the attached draft. Contract#2023-MH-003596 MemorandumofUnderstanding(MOU)betweenMentalHealthServicesofTompkinsCounty Whole Health and the City of Ithaca Regarding the Establishment of the Crisis Alternative Response and Engagement Team (CARE) This Agreement made this 25th day of October 2023, by and between the County of Tompkins, a Municipal Corporation of the State of New York with offices at 125 East Court Street, Ithaca, New York andtheCity ofIthaca,aMunicipalCorporation withits principalofficeslocatedat108 EastGreenStreet, Ithaca, New York. WHEREAS,TompkinsCountyhas providedfundingfor alicensed professionalclinicianposition for the purpose of establishing a piloted law enforcement and mental health co-response team in the adopted 2023 budget and, WHEREAS,inordertoestablish aco-responseteam,theIthaca City PoliceDepartmentand Mental Health Services of Tompkins County Whole Health have established the Crisis Alternative Response and 9 6 Engagement (CARE) Team and its policies and procedures, WHEREAS, the above named Parties, endeavor and agree to, whenever possible in the best interest of the public, and consistent with the Law Enforcement agencies’ policies and procedures, preempt circumstances requiring the arrest, possible incarceration, or hospitalization of people suffering from mental illness, substance use disorders and/or those who have special needs, to facilitate their referralto communitybasedorganizations, toprovideresources andtoeffectivelylink theseindividuals to appropriate mental health or substance use treatment in the community through the implementation of Crisis Alternative Response and Engagement (CARE) Team, NOW,THEREFORE,itisagreedbetweenthePartiesheretothat: I.ProgramDescription A.CARETeamsshallberesponsiblefor thedeliveryofaco-responder mobilebehavioralhealth linkage program that will connect a person in need to community social service organizations and services, as deemed appropriate. The CARE Team(s) shall consist of at least (1) Police Officer in the City of Ithaca and (1) Licensed Clinical Therapist from Mental Health Services of Tompkins County Whole Health (together forming the “City CARE Team”, or “CARE Team”) and a second CARE Team with (1) Tompkins County Sheriff’s Deputy and (1) Licensed Clinical Therapist from Mental Health Services of Tompkins County Whole Health (together forming the “County CARE Team”). B.To ensure safety, the operation of each CARE Team shall be under the direction and control of the responding Law Enforcement agency. The City CARE Team shall only respond within Citylimitsexcepttotheextentactivatedinconjunction withtheSpecialResponse Team oras otherwise determined by the Chief, in which event the participation of any City personnel on the City CARE Team in a response outside City limits but within Tompkins County shall be governed by terms of the Special Response Team Mutual Aid Assistance and Intermunicipal Agreement (to which the City and County are parties) then in effect or most recently in effect, including any successor agreement of similar subject matter. II.Training,Supervision&Collaboration A.It is the intent that the City of Ithaca Police Department will identify an Officer to be assigned to the CARE Team who will have completed the 40-hour Crisis Intervention Team (CIT) TrainingCourseandanyrefreshercoursesastheybecomeavailablewhenadequatestaffing has been achieved. In the interim, multiple officers will provide co-response services with a designated CARETeamclinician.Officerswillreceiveregularlyscheduledtrainingtoinclude the components described in Section B below. A.Trainingwillencompassthefollowingcomponents: Overviewofmentalhealth andsubstanceusedisordersandassociatedsymptomsand behaviors Overviewofcommunityresourcesandpartners Overviewofde-escalationtechniques B.The Tompkins County Sheriff’s Office will be responsible for the provision of ongoing CIT trainingasmadeavailable inpartnershipwiththeNewYork StateInstitutefor Police,Mental Health, and Community Collaboration for all law enforcement agencies within Tompkins County. C.LicensedClinicalTherapistswillataminimumcompletethefollowingtrainingrequirementsin addition to training requirements completed as a member of the Mobile Mental Health Crisis Team Situationalawareness–Reactionarygap,handsinpockets,unsafesituations, 10 7 surroundings, etc. Radio–Emergencybutton,Callidentifier,Location,Problem/situation,etc. MedicalBags–Locationinpatrolcar,locationofcontents(i.e.NARCAN),etc. Spillman-Spillman Geography FirstAid–AEDandCPR AdministrationofNaloxone(Narcan) De-escalation training D.Anassigned Sergeant for IthacaCityPolicewillprovidedaytodaysupervisionof theCARE Team. E.LicensedClinicalTherapistsassignedtotheCARETeamwillreceive regular supervision and support from an assigned supervisor of Mental Health Services of Tompkins County Whole Health. F.Administration from the City of Ithaca Police Department and Mental Health Services of TompkinsCountyWholeHealth willmeetregularlyto ensureongoingcommunicationand problem solving. III.Records,Confidentiality&DataCollection A.Clinicalrecords reviewedorproducedbyLicensedClinicalTherapistsassignedtotheCARE Team will be protected under NY State MHL 33.13 and Federal HIPPA regulations and stored in the Mental Health Services of Tompkins County Whole Health Electronic Health Record. Crisis mental health services provided by the Licensed Clinical Therapist will be considered confidential and will not be made available through Freedom of Information Law (FOIL) requests. B.Data required by NY State Office of Mental Health for an approved MobileCrisis Team and records requiredtobillinsurancecompaniesfor anyportion ofservicesthatmeetcriteria will be collected by the Quality and Billing Departments of Mental Health Services of Tompkins County Whole Health. C.The Ithaca City Police Department and Tompkins County Sheriff’s Office will complete and storealldocumentationas requiredbylaw andprovideagreeduponaggregate, de-identified data to the Tompkins County Community Justice Center to evaluate CARE Team program effectiveness. 11 8 IV.CARETeamandMobileCrisisTeamDaysandHours ofOperation Days and hours of operation will be consistent between the City of Ithaca Police Department’sand TompkinsCountySheriff’sOffice’s CARETeams.TheTompkinsCounty MobileCrisis Team operatedby MentalHealthServicesofTompkinsCounty WholeHealth will continue to provide clinical support utilizing established protocols during hours without CARE Team availability. V.Indemnity&InsuranceRequirements A.ExceptasotherwiseprovidedinthisSection,eachpartyexpresslywaives allclaims of whatever type or nature against the other and its personnel that may arise out of the performance of this Agreement. B.Tompkins County and the City of Ithaca hereby indemnify and hold each other harmless and shall defend and indemnify each other and its employees from any claims or suits for damages, including reasonable legal fees and defense costs, to the extent arising from the negligent acts,breaches of this Agreement,and violations of applicable lawby itand eachof itsemployeesassignedtotheCARETeam. Eachpartyshallnotifytheotherofanyclaims or lawsuits received arising out of CARE Team operations. C.To the extent permitted by law,allthe powers,duties,rights, privileges, and immunitiesfrom liabilitywhichapplytotheactivities ofthepartiesandthemembers oftheCARE Team when performing theirfunctions shallapplytotheactivities of the CARETeam andteam members under the terms of this Agreement unless otherwise provided by law or this agreement. D.TompkinsCountyandthe CityofIthacashallcarryGeneralLiabilityinsurance inthesumof $1,000,000 with specific endorsements covering the activities of those employees assigned to the CARE Team and Workers’ Compensation for workers’ compensation claims with a specificprovisionindicating coverageofthoseoftheiremployeesassignedtheCARETeam. E.This agreementshallnotbeconstrued tocreateany employmentrelationshipnot otherwise existing, and CARE Team members shall as a function of this agreement be deemed employees of their primary employing entity only. All individuals shall retain all of their pension, disability, contractual, and compensation rights while performing duties in accordance with this agreement. VI.Term oftheAgreement A.This Agreement iseffectiveDecember1,2023, and shallterminate onDecember31, 2024, unless otherwise terminated as set forth herein. B.Extension: Upon written notice by either party to the other, on January 1, 2025, this Agreementshallautomaticallyrenewforanadditional periodofone(1) yearunless either party provides written notice of termination of their participation within(30) days before or after the expiration of the preceding term. C.Nothingintheforegoingagreementshallbedeemedtolimit,restrict,orotherwiseimpairthe obligations that the respective parties have to the persons and/or property within the governmental units which they serve and, consistent with such representation, each of the parties shall be entitled to terminate this Agreement immediately in the event that its performance adversely affects the public health, safety and/or welfare. VII.Cooperation. A.Inaddition,thepartiesagreetoworkcooperativelyto: 1.Emphasizetreatmentratherthanincarcerationofpeoplesufferingfromamental illness. 12 9 2.Expandaccesstocare bylinkingpeopletocommunity-basedtreatmentandother resources whenever possible. 3.Decreasetheproportion ofpeoplesufferingfrommentalillness,substanceuse disorders, and/or having special needs in the Tompkins County Jail. 4.Curtailhospitalizationandincarcerationand/orcriminalizationofpeoplesuffering from mental illness, substance use disorders and or having special needs. 5.ImprovetheturnaroundtimeforlawenforcementofficersattheEmergency Department. 6.Decreaselawenforcementofficerinjuryrates. 7.Decreaseinjuryratestoperson’sexperiencingamentalhealthorsubstanceuse crisis requiring law enforcement involvement. 8.Increaselawenforcementofficers’knowledgeabout mentalillness,substanceuse disorders, and special needs, and increase skills in their interactions with people suffering from, experiencing or having one or more of these conditions. 9.Providetrainingtoselectedlawenforcementofficers. 10.Improvetherelationshipsbetweenlawenforcement,theEmergencyDepartmentand other behavioral health providers. 11.ParticipateinanevaluationoftheCARETeam goalsandoutcomemeasures,as outlined in this agreement. VIII.Miscellaneous. A.Thisagreementconstitutes theentireagreement betweenthepartiesandcannotbe modified or amended except by written agreement of the parties. B.This agreement shall not be construed or deemed to be an agreement for the benefit for anythirdparty orparties.Nothirdparty orpartiesshall haveanyrightofactionunder this agreement for any cause whatsoever. C.ThelawsoftheStateofNewYork shallgovern this agreement.Thepartiesagreeto comply with all applicable federal, state, and local laws, rules, and regulations in connection with the performance of this Agreement. D.This agreement maybeexecuted inanynumberofcounterparts,eachofwhichshallbe deemed an original. {SignaturePagetoFollow} INWITNESSWHEREOF,thepartiesheretohaveexecuted thisAgreementasof the dayand year indicated below. CITYOFITHACA(FederalIdentification#16-0906024) By:Date: Laura Lewis, Mayor TOMPKINSCOUNTY By: Date: 13 1 JessiSpudis,Risk&ComplianceAdministrator Tompkins County Administration APPROVEDASTOFORM; Date: CityAttorney Date: CityController A vote on the resolution resulted as follows: Passed unanimously. 4.2 Resolution: Management COVID Cash Moved by Alderperson Defendini. Seconded by Alderperson Haines-Sharp. Whereas, at their November 1, 2023 meeting, Common Council authorized management COVIDcashof$2,250toacknowledgethehardworkand leadershipof managerial staff throughout the pandemic, and Whereas,therehasbeenconfusionregardingtheinterpretationofthequalifyingterms for the cash payment, now, therefore, be it Resolved, that managerial staff who were employed by the City of Ithaca throughout the entireperiodMarch1,2020-May11,2023, andwhohavenot yetreceivedaCOVID cash payment through previous membership in a bargaining unit, shall be entitled to receive COVID cash of $2,250, and be it further Resolved, that temporary furloughs, maternity leaves, and similar short-term leaves shall not disqualify a managerial employee from receiving the payment, provided that the managerialemployeewasotherwiseemployedbytheCityofIthacathroughoutthe entire period March 1, 2020-May 11, 2023, and be it further Resolved, that former City Clerk Julie Holcomb, former Director of Planning and DevelopmentJoAnnCornish,andformerFireChiefCharlesT.Parsonsshallalsobe entitled to a $2,250 managerial COVID cash, and be it further Resolved,that thisresolutionshallsupersedethe resolutiononthistopicadoptedby the Common Council on November 1, 2023. 14 1 A vote on the resolution resulted as follows: Passed unanimously. 4.3 Resolution to Disband the Workforce Diversity Selection Review Committee (WDSR) Moved by Alderperson McGonigal. Seconded by AlderpersonFlemming. Whereas,theWorkforceDiversitySelectionReviewCommittee (WDSR) wasestablished to ensure that hiring practices are free from unintended barriers and biases, particularly with regard to members of protected classes as well as members from an underrepresented group in the department hiring, and Whereas, the WDSR is comprised of the Mayor, the Director of Human Resources, the CouncilliaisontotheWorkforceDiversityAdvisoryCommittee,andtheChiefofStaff,and Whereas, over the years the committee has served as a means for reflection and education at the back end of the process and it has been a long-time desire to be intentional on the front end of our hiring and forecasting process, and Whereas, the Director of Human Resources requested funding to hire an Equity Talent Acquisition Specialist in the 2023 budget and Common Council approved the request. This position was recently filled and w i ll w o rk c l osely w i th t h e D i rector o f H u man Resources and hiring authorities to ensure an inclusive process in the spirit of the City’s newly passed Commitment to Equity and Justice statement, and Whereas, as a result, the Director of Human Resources in consultation with the Workforce Diversity Advisory Committee recommends that theWDSR be disbanded, nowtherefore be it Resolved, that hiring managers will work with the Director of Human Resources or their designee to develop inclusive outreach andhiring practices thatensure equity, and be it Resolved, that theCityManagerwill evaluate progress using keyindicators established by department/division heads annually, now therefore be it Resolved,thattheWorkforceDiversitySelectionReviewCommitteeisherebydisbanded. A vote on the resolution resulted as follows: Passed unanimously. 15 1 4.4 An Ordinance to Establish the City of Ithaca Ethics Advisory Board Moved by Alderperson McGonigal. Seconded by Alderperson Defendini. Ordinance No. 2023-___ WHEREAS, in or about April 2022, a request for an advisory opinion was ?iled with the Tompkins County Ethics Advisory Board (“TCEAB ) concerning certain actions and/or omissions of various City of?icials and other persons (the “Request ); and WHEREAS, the TCEAB’s investigation of the Request made evident the desirability for the City to have its own, independent, ethics advisory board to issue advisory opinions concerning actual and potential con?licts of interest and other matters encompassed by Article 18 of the New York General Municipal Law and the City’s Code of Ethics as applied to City of?icials and employees; and WHEREAS, Common Council now desires to establish such an independent ethics advisory Board; now therefore BE IT ORDAINED by the Common Council of the City of Ithaca as follows: Section 1. Legislative ?indings, intent, and purpose. The Common Council makes the following ?indings: 1.Chapter 55 of the City Code speci?ies a Code of Ethics to be followed by of?icials and employees of the City of Ithaca. 2.As Chapter 55 of the City Code applies only to of?icials and employees of the City, it is best for advisory opinions concerning its interpretation and application to be issued by an independent ethics advisory board established by the City, whose members are appointed by the Mayor and Common Council. 3.A signi?icant disadvantage to the City of not having an independent ethics advisory board is that matters arising under the City’s Code of Ethics are referred to the Tompkins County Ethics Advisory Board. Common Council therefore deems it necessary and desirable as the intent and purpose of this Ordinance to establish an independent ethics advisory board which will have exclusive local authority to issue advisory opinions concerning application of Article 18 of the General Municipal Law, Chapter 55 of the City Code, and related City policies, to of?icials and employees of the City. 16 1 Section 2. Amendments to the City Code. This Section 2 amends only the following provisions of the City Code, with the remainder of the provisions unchanged. (a) The following subpart “D is added to §55-4 (titled Annual Disclosure) of the Ithaca City Code: D.The City Clerk shall con?irm ?iling by all required ?ilers and forward the ?iled statements to the City Attorney. Requests for determination regarding actual or potential con?licts arising from the ?ilings may be referred by the City Attorney to the Ethics Advisory Board. If the City Attorney determines that any required ?ilers have not ?iled a correctly completed disclosure form the City Attorney shall report this to the Mayor, or the Acting Mayor if the Mayor is in default of ?iling. (b) The following §55-14, to be titled Ethics Advisory Board, is added at the end of Chapter 55 of the City Code: §55-14 Ethics Advisory Board. A.Membership and Appointment. There is hereby established the Ethics Advisory Board (“Board ). The Board shall consist of ?ive (5) members, a majority of whom shall not be of?icers or employees of the City. One (1) member of the Board shall be an elected or appointed of?icer or employee of the City. The members of the Board shall be appointed by the Mayor subject to approval by a majority vote of the Common Council. The Chair of the Board shall be selected from the members of the Board by the Mayor and upon selection shall remain Chair for the duration of such member’s term unless sooner replaced as Chair by the Mayor in the Mayor’s discretion but only on the recommendation of a majority vote of the Board. Board members shall receive no compensation for their services. B.Quorum. Three (3) members of the Board shall constitute a quorum, with the vote of four (4) members required for action by the Board, which may proceed despite a recusal or vacancy pending a substitute appointment. C.Quali?ications. Members of the Board shall be chosen for their independence, integrity, civic commitment, and high ethical standards. D.Term. The term of of?ice of Board members shall be ?ive (5) years and shall run from January 1 through December 31, except for members initially appointed to the Board, who shall serve as follows: (i) one (1) shall serve from date of appointment through December 31 of the year following the year of appointment; (ii) two (2) shall serve from date of appointment through December 31of the third year following the year of appointment; and (iii) two (2) shall serve from date of appointment through December 31 of the ?ifth year following the year of appointment. 17 1 E.Recusals and Vacancies. In the event of the recusal of a member of the Board from a particular matter, a replacement shall be appointed for that member for the matter in question in the same manner as appointments are generally made; the recusing member shall, however, continue serving on the Board for other matters that may come before it. In the event of a vacancy on the Board, the vacancy shall be ?illed for the unexpired portion of the term in the same manner as the original appointment. In the case either of a recusal or vacancy, the replacement for the recused or departing member shall be brought before the Common Council for consideration no later than the Common Council’s second meeting following the recusal or vacancy. F.Removal. A member of the Board member may be removed from the Board in the same way the member was appointed, after written notice and opportunity for reply. Grounds for removal shall be substantial neglect of duty, gross misconduct in of?ice, inability to discharge the powers or duties of of?ice, or violation of this chapter. This paragraph shall not apply to designation of someone to replace the Chair in the event that the Chair shall remain on the Board thereafter. G. Responsibilities and Authority. 1.Jurisdiction. The jurisdiction and authority of the Board shall in all respects be limited to rendering advisory opinions and reports concerning of?icers and employees of the City on subjects set forth in Article 18 of the General Municipal Law or this Code of Ethics. 2.Bylaws and Rules of Procedure. The Board may adopt bylaws for its governance and rules of procedure for handling matters that may come before the Board for its consideration. Such bylaws and rules of procedure shall not expand the jurisdiction of the Board or provide it with any power or authority at variance with Article 18 of the General Municipal Law or this Chapter. 3.Counsel. The Board shall in conducting its affairs have the legal advice of the City Attorney or, should the City Attorney determine the need due to con?lict or otherwise, such outside counsel as retained by the City Attorney. 4. Meetings. a.Meetings of the Board may be called on at least ?ive (5) working days written notice (which may be delivered via email, fax, or in any other reasonable manner requested by a member of the Board) by either the Chair of the Board or a majority of its members. b.The Board shall meet at least once a year during the month of April during which time the Board shall, at minimum, (i) review the annual disclosure statements ?iled by elected of?icials pursuant to §55 of this Chapter and any con?licts referred to it by the City Attorney pursuant to §55-4(D), (ii) review the attestations that have been submitted by of?icials and determine if any are not timely ?iled or are incomplete, (iii) determine whether it desires to obtain additional information from any ?iler. 18 1 c.The Chair shall convene a meeting of the Board within thirty (30) days following its receipt of a written complaint and/or written request for an advisory opinion. 5.Requests for Advisory Opinions and Complaints. Any of?icer or employee of the City may submit a written request for an advisory opinion on any subject covered by Article 18 of the General Municipal Law, this Code, and related City policies. The foregoing may include a request for an advisory opinion on a proposed transaction or course of conduct and/or a complaint alleging violation of Article 18, this Code, or related City policies. A request for an advisory opinion must be signed by the of?icer or employee requesting it and include contact details for the complainant if available, including physical address (business or home address or other designated mailing address) and one or more means of electronic communication (e.g., phone number, email address). In addition to the foregoing, requests shall be submitted in accordance with the any other procedures speci?ied in any bylaws or rules of procedure the Board may adopt. 6. Investigations and Form of Opinions, Records. a.Upon receipt of a properly ?iled request for advisory opinion over a matter within the Board’s jurisdiction, the Board shall have the power and duty to conduct an investigation necessary to carry out the provisions of this Chapter. b.In conducting investigations, the Board may interview witnesses informally, request documents from witnesses and third parties, administer oaths, and take sworn testimony. c.Advisory opinions shall be rendered in writing and shall set forth in reasonable detail the facts and legal grounds for the conclusions set forth therein. d.All requests for advisory opinions, the dispositions thereof, and the records received or created by the Board in connection with its investigation shall be indexed and retained on ?ile by the Board. e.The records of the Board which shall be available for public inspection are those which are subject to mandatory disclosure pursuant to Article 6 of the Public Oﬃcers Law (also known as the Freedom of Information Law), by other state or federal law or ?inal court order, or by this Chapter. f.In addition to such other powers conferred by this Chapter, the Board may recommend to the of?icial or the employee of the City a voluntary resolution of any con?lict of interest, complaint, or other matter coming before the Board. 7.Review of Code of Ethics. The Board shall from time to time review this Code of Ethics and recommend to the Common Council any changes that it deems appropriate. 19 1 8.Annual Review of Ethics Training. The Board shall annually confer with the Director of Human Resources and review the training provided to employees as to ethics and provide any suggestions deemed appropriate. Section 3. Severability Clause. Severability is intended throughout and within the provisions of this Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Ordinance. Section 4. Effective Date. This ordinance shall take effect in accordance with law upon publication of notices as provided in the Ithaca City Charter. A vote on the resolution resulted as follows: Passed unanimously. 4.5 ALocalLawentitledthe“CityofIthacaRoomOccupancyTax Reauthorization.” Moved by AlderpersonFlemming. Seconded by AlderpersonMcGonigal. WHEREAS, on February 5, 2020, Common Council adopted a resolution stating the City’s “commitmenttopursueaCityofIthacahoteloccupancytaxandcommitmentto provide a shared financial guarantee with Tompkins County”, and WHEREAS,onJune3,2020,CommonCounciladoptedaresolutionrequestingthatthe NY Senate and Assembly enact the home rule legislation submitted by Assemblywoman Barbara Lifton and Senator Tom O’Mara to enable the City to implement a hotel occupancy tax; and WHEREAS,theCityofIthacahoteltaxlegislationpassedtheAssemblyandSenatein July 2020, and in December 2020, was signed into law as part of the state tax code: Article 29, Part 1, Subpart A, Section 1202-GG*2 “Hotel or motel taxes in the city of Ithaca;” and WHEREAS, pursuant to Tax Law 1202-GG, on February 24, 2021, the City of Ithaca duly adoptedLocalLaw2021-5,amendingtheIthacaCityCodetocreateChapter105, Room Occupancy Tax, which imposed a room occupancy tax for a three-year period beginning April 1, 2021, and WHEREAS,onApril27,2022,theCityofIthacadulyadoptedLocalLaw2022-01, making certain amendments to Chapter 105, and 20 1 WHEREAS, Tax Law 1202-GG(11) provides that a local law may provide for the imposition ofahotelormoteltaxforaperiodoftimenolongerthanthree yearsfromthe effective date of its enactment, and further provides that a new local law may be adopted and enacted upon the expiration of the prior local law, and, WHEREAS,LocalLaw2021-05hadaneffectivedateofFebruary26,2021,thedate upon which it was filed with the New York Department of State, now, therefore, LocalLawNo.2023- BEITENACTED bythe CommonCouncilofthe CityofIthacaasfollows: Section1.LegislativeFindings,Intent,andPurpose. Pursuant to Tax Law 1202-GG, the City of Ithaca is authorized to adopt local laws relating to the implementation and assessment of tax on persons occupying hotel or motelroomsin theCityofIthaca.TheCommonCouncilmakesthefollowingfindings: A.TheassessmentofaCityroomoccupancytaxhassupported the construction and operation of the conference center. B.Pursuant tothe stateenablinglegislation,theCityisauthorized to charge up to 5% ad valorem tax on overnight accommodations. Such funds are earmarkedforthe conferencecenter,withallowancesfortheCitytoretain up to 4% of such revenue for administration of the local law. C.Reauthorizingtheroomoccupancytaxiscriticaltofinancingand maintaining the conference center. Section2.ReauthorizationofRoomOccupancyTax The City of Ithaca Room Occupancy Tax codified at Chapter 105 of the Ithaca City Code, implementedpursuanttoLocalLaw2021-05andamendedpursuanttoLocal Law 2022-01, is hereby reauthorized for an additional three-year period from the effective date of this Local Law. Section3.SeverabilityClause. 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 unconstitutionalbyacourtofcompetentjurisdiction,thenthatdecisionshallnot affect the validity of the remaining portions of this Local Law. Section4.EffectiveDate. This Local Law shall take effect upon filing in the office of the Secretary of State, and pursuant to the requirements of enabling legislation, this local law shall be in effect for three years from the effective date of its enactment. Upon expiration of this local law, another local law may be enacted to take its place as provided by Tax Law 1202-GG. 21 1 A vote on the resolution resulted as follows: Passed unanimously. 4.6 Resolution to Authorize City-County CARE Team MOU Moved by Alderperson Defendini. Seconded by Alderperson Haines-Sharp. WHEREAS, Tompkins County has provided funding for a licensed professional clinician position for the purpose of establishing a piloted law enforcement and mental health co- response team in the adopted 2023 budget; and WHEREAS,inordertoestablishaco-responseteam,theIthacaCityPoliceDepartment and Mental Health Services of Tompkins County Whole Health seek to establish the Crisis Alternative Response and Engagement(CARE) Team and its policies and procedures; and WHEREAS,theCityandCountyendeavorandagreeto,wheneverpossibleinthebest interest of the public, and consistent with the Law Enforcement agencies’ policies and procedures, preempt circumstances requiring the arrest, possible incarceration, or hospitalization of people suffering from mental illness, substance use disorders and/or those who have special needs, to facilitate their referral to community based organizations, to provide resources and to effectively link these individuals to appropriate mental health or substance use treatment in the community through the implementation of theCrisis Alternative Response and Engagement(CARE) Team; NOW,THEREFORE,BEIT: RESOLVED thattheMayor,ontheadviceoftheCityAttorney,isauthorizedtoexecute an MOU establishing and governing a City-County CARE Team in a manner substantially similar to the attached draft. A voteon the resolution resulted as follows: Passed unanimously. 4.7 ResolutiontoEnableCity-CountySharingAgreementforOpioid Settlement Funds Moved by Alderperson Defendini. Seconded by Alderperson Haines-Sharp. WHEREAS,theopioidepidemichashadadevastatingimpactofoncommunity;and WHEREAS, the City has received and will receive financial settlements from the New York 22 1 State Office of Addiction Services and Supports (OASAS) and other entities, including variousdefendantsacrossmultiplecases,asaresultoflegalactionsresolved against pharmaceuticalmanufacturers,distributors,pharmaciesandothersupplychain participant entities related to the opioid crisis (collectively, as to City-designated funds, the “Opioid Settlement Funds”); and WHEREAS,TompkinsCountyisreceivingparallelfinancialsettlementsdirectedtothe County, but otherwise as described in the preceding paragraph; and WHEREAS,inFebruaryof2023theCountyandCitywerenotifiedthattheCitywould receivecertain funds as a pass-through from Tompkins County Whole Health department as the Local Government Unit (LGU) through the Office of Addiction Services and Supports (OASAS); and WHEREAS,aspartofthesesettlementagreements,thefundsreceivedwillbedirected towards New York State’s efforts for treatment, recovery, harm reduction and prevention efforts; and WHEREAS, the City and County recognize the need to collaborate in the distribution of thesesettlementfundstoeffectivelyaddressand combattheopioidepidemic within our jurisdictions; and WHEREAS,theCountyisbetterequippedtoidentifyusesandimplementapplicable services than the City; and WHEREAS,theCountyhascompletedarobustprocessincludingpublicengagement and has identifiedseveral strategies thatfall within the guidelines forapproved useof funds; and WHEREAS,severalofthesestrategieswillalsoimpactcityresidents; NOW, THEREFORE,BEIT: RESOLVED thattheMayor,ontheadviceoftheCityAttorney,isauthorizedtoexecute an MOU governing the sharing of opioid settlement funds with Tompkins County in a manner substantially similar to the attached draft. A vote on the resolution resulted as follows: Passed unanimously. 4.8 Resolution AuthorizationtoInstallaHistoricMarkerforFirebrand Books on the Ithaca Commons Moved by Alderperson Flemming. Seconded by Alderperson Haines-Sharp. 23 2 WHEREAS,Ithaca’s rich history is represented in its built environment, and the preservation ofitshistoricresources connects ourresidents to theircollective past, helps to establish a sense of place, and expresses our community values, and WHEREAS,the City designates historic buildings and resources as one way of highlighting,promoting, andprotectingtheirvalue forthis andfuturegenerations,and WHEREAS,as recommended in Plan Ithaca, the City’s comprehensive plan, the City will “erectsignage withinlocalhistoricdistricts andatindividually-designatedlandmarks explaining their historic contextand significance,” and WHEREAS,the Andrus Block, Home Dairy and Firebrand Books Building, 141-143 East StateStreet,wasdesignatedbyCommonCouncilasanindividuallocallandmark under Section 228-4 of the Municipal Code on October 5, 2022, and WHEREAS,the Andrus Block, Home Dairy and Firebrand Books Building is notably significant as the business headquarters of Firebrand Books, a nationally recognized and award-winningpublisheroflesbianandfeministtexts,from1984to2000. Founded by Nancy Bereano, Firebrand Books grew out of the Second Wave Feminist, Gay Liberation, and Woman in Print movements of the 1970 and 1980s and became “one of the most prestigious lesbian, gay, and feminist publishers in the world,” and WHEREAS,the Andrus Block, Home Dairy and Firebrand Books Building is the first property in New York State outside of New York City to be locally designated for its association with LBGTQ history, and WHEREAS,the building was determined by the New York State Historic Preservation Office to be individually eligible for listing on the State and National Register of Historic Places for its important role in national LBGTQ history, and WHEREAS,the Statement of Significance for the State and National Register of HistoricPlaces-listedIthacaDowntownHistoricDistrict,whichincludestheAndrus Block, Home Dairy and Firebrand Books Building, will be amended in the coming months to include this important history, and WHEREAS,inrecognitionoftheextraordinaryhistoryandsignificanceofthebuilding, Friends of Firebrand Books would like to install a historic marker on the Ithaca Commons, now therefore be it RESOLVED,thattheCityofIthacawholeheartedlysupportstheinstallationofahistoric marker commemorating the history and significance of the building, and be it further 24 2 RESOLVED,theIthacaCommonCouncilauthorizestheinstallationofacast-iron,pole- mounted historic marker in the planting area in front of 150 East State Street A vote on the resolution resulted as follows: Passed unanimously. 5.Finance, Budget, & Appropriations 5.1 2024ParkingRates–Resolution Moved by Alderperson Haines-Sharp. Seconded by Alderperson Defendini WHEREAS,CommonCouncilestablishesparkingratesforallmunicipalparking facilities and the non-profit Cayuga Street Garage in consideration of budgeted parking expenses and revenue projections, and WHEREAS,therefurbishedandexpanded357-spaceGreenStreetGarageopenedin 2023 and requires a $1.6 million annual payment to cover construction costs, and WHEREAS,theadopted2024budgetincludesa$500,000capitalprojectforSeneca Street Garage repairs, and WHEREAS,themanagersoftheprivately-managedCayugaStreetGaragerecommend incremental price increases to move toward parity with the City-owned downtown garages to generate sufficient revenues to preserve the service life of the facility constructed in 2005 without requesting increased financial support from the City, and WHEREAS,thetrailing12-monthConsumerPriceIndex(CPI)increasedby3.7%(CPI- U, northeast region, September-to-September), and WHEREAS,whilenochangesarerecommendedtohourlyparkingratesatthistime, though hourly parking rates are under review for a possible mid-year revised rate proposal, and WHEREAS,thefollowingchartcontainstheentireratestructureforallCity-controlled parking rates within the City, now, therefore, be it RESOLVED, That Common Council hereby adopts the proposed 2024 parking rates as follows in the attached table; and, be it further, RESOLVED,ThatallratesshallgointoeffectJanuary1,2024,andshallremainuntil Common Council directs otherwise. 25 2 Monthly Permits Actual 2023Rates Proposed 2024Rates Effective 1/1/24 AmountChanged SenecaGarage,DayandNight AllLevels,FullAccess(24/7)$105.00/mo $110.00/mo 4.8%Increase ContractwithHotel1 $62.82/mo $64.71/mo 3%Increase ContractwithCascadePlaza,LLC $105.00/mo $110.00/mo 4.8%Increase GreenStreetGarage,DayandNight AllLevels,FullAccess $105.00/mo $110.00/mo 4.8%Increase ContractwithCascadePlaza,LLC2 $68.48/mo $71.01/mo 3.7%CPIincrease CayugaStreetGarage,DayandNight AllLevels,includinglong-termstorage $83.00/mo $93.00/mo 12%Increase Worker’sSpecial(M-F/10hrs/day, 210 hrs/mo)$72.00/mo Eliminate product NA ContractCornellRate $64.51/mo $66.90/mo 3.7%CPIIncrease TC35 $73.04/mo $81.84/mo 88%ofpostedrate PremiumAreaRates $150.00/mo $160.00/mo 6.7%Increase DrydenRoadGarage FullAccess(24/7)$210.00/mo $218.00/mo 3.8%Increase Worker’sSpecial(210hrs/mo)$167.47/mo $174.00/mo 3.6%Increase OtherNon-MeterPermitParking Contract withCounty (DSS)3 $58.40/mo $61.00/mo 4.5%Increase 611BuffaloSt.ParkingLotPermit $31.50/mo $33.00/mo 4.8%Increase WeeklyRates Actual 2023Rates Proposed 2024Rates Effective 1/1/24 AmountChanged SenecaGarage,DayandNight $35.00 $36.50 4.3%Increase GreenStreetGarage,DayandNight $35.00 $36.50 4.3%Increase DrydenRoadGarage,24Hours $64.00 $67.00 4.7%Increase HourlyRates4 Actual 2023Rates Proposed 2024Rates Effective 1/1/24 AmountChanged Seneca,Green,CayugaStreetGarages5 Perhour $1/hour $1/hour NoChange Maximum $10/day $10/day NoChange DrydenRoadGarage 26 2 0–24 $1/hour $1/hour Noincrease Maximum $15/day $15/day NoChange HourlyRates(continued)Actual2023 Rates Proposed 2024Rates Effective 1/1/24 AmountChanged SpecialEventRate(weekenddayentrancefee,24hourparkinglimit) Downtowngarages $5 $5 NoChange ParkingMetersandPayandDisplay Downtown $1.50/hr 2hr.max. $1.50/hr 2hr.max.NoChange Collegetown $1.50/hr 2hr.max. $1.50/hr 2hr.max.NoChange Thurston&StewartAve.& Edgemoor $0.75/hr 9hr.max. $0.75/hr 9hr.max.NoChange FootNotes 1 – Volume discount rate for 104 spaces – see contract dated June 6, 2006. Rate adjustment annuallyon 8/1 based on average increase in other rates, but not more than 3% 2 –Up to 100 permits in Seneca Street Garage at posted rate (except handicap permits, are at special Cayuga Garage rate); up to 20 permits in Green Street Garage (these permits will not be usable at any other garage), up to 150 permits in Cayuga Street Garage, total not to exceed 250 permits. Right to purchase additional 150 permits at posted rates – see contract dated June 6, 2006. Rate to change for first 250 permits after August 1, 2007, “from time to time” based on percentage change in the CPI between adjustment dates. 3 – Commencing in 2015, the rate for County’s Mental Health and Library employees is 100% of the market rate. (Note #3 should reference the DSS parking agreement, not the MH/Library agreement thathas now transitioned to regular public rates.) 4 –Fees charged: Downtown garages 2:00 a.m. to 11:00 p.m., Monday through Friday: Dryden Road garage, 24 hours / 7 days. 5 –The City has an agreement with TC3 that allows TC3 to issue passes for students, clients, and customers, for which the City charges TC3 88% of posted rates for the accumulated parking fees. A vote on the resolution resulted as follows: Passed unanimously. 27 2 5.2 EastStateStreetoverUnnamedStreamCulvertReplacementProject-Resolution Moved by Alderperson Flemming. Seconded by Alderperson Defendini WHEREAS,aprojectforEastStateStreetoverUnnamedStreamCulvert Replacement Project, P.I.N. 375731 (“the Project”) is eligible for reimbursement of qualified costs from Bridge NY funding that calls for the post-reimbursement apportionment of the qualifiedcoststobeborneattheratioof100%BridgeNY fundsand0%non-BridgeNY funds, and WHEREAS,theCityofIthacawilldesign,let,andadministerallphasesofthe Project. WHEREAS,theCityofIthacadesirestoadvancetheProjectbymakinga commitment of 100% of the costs of Engineering, ROW and Construction work for the Project or portions thereof. Nowtherefore,theCommonCouncil,dulyconveneddoesherby RESOLVED,thattheCommonCouncilherebyapprovestheProject;anditis hereby further RESOLVED,thattheCommonCouncilherebyauthorizestheCityofIthacatopay inthe first instance 100% of the cost of Engineering, ROW, Scoping, Preliminary, and Final design, and Construction work for the Project thereof; with the understanding that qualified costs will be reimbursed from Bridge NY funding; and it is further RESOLVED,thatthesumof$1,088,750isherebyappropriatedfromtheissuance of Serial Bonds from newly established CP #928 with later repayment from Bridge NY Fundsandmadeavailabletocoverthecostofparticipationintheabovephase ofthe Project; and it is further RESOLVED, thatthe Common Council of the City of Ithaca hereby agrees that the City of Ithaca shall be responsible for all costs of the Project, including costs which exceed theamountofreimbursementavailablefromtheNYBridgeFunding awardedtotheCity of Ithaca, and it is further RESOLVED,thatintheeventthecostsoftheProjectexceedtheamount appropriated above, Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the Engineering staffand/orNewYorkStateDepartmentofTransportation (NYSDOT)thereof,anditis further 28 DRAFT RESOLVED, that the Common Council hereby agrees that City of Ithaca hereby commits that construction of the Project shall begin no later than twenty-four (24) monthsafteraward andtheconstructionphaseoftheProjectshallbecompletedwithin thirty (30) months; and it is further RESOLVED, that theMayor of the City of Ithaca of the County of Tompkins be and is hereby authorized to sign all necessary Agreements, certifications, or reimbursement requests with NYSDOT for State Aid and/or Bridge NY funding on behalf of the City of Ithaca and the Superintendent of Public Works is authorized to sign all necessary construction documents, contracts, certifications and reimbursement requests, in connection with the advancement or approval of the Project and providing for the administration oftheProjectandthemunicipality’s fundingoftheProjectcosts,anditis further RESOLVED,thattheSuperintendentofPublicWorksbeandisherebyauthorizedto administer the above project, and it is further RESOLVED,thattheCityofIthacawillberesponsibleforallmaintenanceoftheProject; and it is further RESOLVED,thatacertifiedcopyofthisresolutionbefiledwiththeNewYorkState Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and it is further RESOLVED,ThatthisResolutionshalltakeeffectimmediately. A vote on the resolution resulted as follows: Passed unanimously. 5.3 AResolutiontoAmendCapitalProject#814forCassParkPoolGutter& Liner Project Moved by Alderperson McGonigal. Seconded by Alderperson Defendini WHEREAS,CapitalProject#814wasestablishedin2015andamendedinthe2022 budget to replace the original 1970s Cass Park Pool surface and gutter, and WHEREAS, Common Council has approved this project over the years for a total authorization of $1,378,700 in order to fund, in various phases, the design and construction replacement for the Cass Park Pool liner, gutter, pool ADA accessibility equipment,variousoperational equipment,leavingacurrentbalanceofauthorizationof 29 2 City Administration Committee Meeting Date of Meeting Page 26 $2,556and WHEREAS,onDec21,2022,theCityofIthacaenteredintoaconstructioncontractwith the qualified low-bidder, Patterson-Stevens, Inc., to do the Cass Park Pool liner and gutter project which is funded primarily by the American Rescue Recovery Act (ARPA), and WHEREAS,duringconstructionanumberofadditionalexpenseshaveoccurredonce the original gutter was uncovered that necessitate immediate attention while a contractor is mobilized and there are cost savings to addressing these repairs now verse paying for more expensive repairs in the future, and WHEREAS,theIthacaYouthBureauoperatesandmaintainstheCassParkpooland Engineering staff recommends the following list of necessary repairs: Repairstopluggroundwaterinfiltration $ 2,500 Fullconcrete deckremoval $75,000 Safetyupdatetopumphouseelectrical $ 9,000 Engineeringdesignservices $ 7,500 Replacementofconcretedeck $150,000 Poolplumbingunderthe deck $150,000 $394,000Sum WHEREAS,Engineeringstaffhasvettedandwillcontinuetovalue-engineertheabove repair estimates in a timely manner to allow for the 2024 pool season opening, and the budget increase will enable for construction administration, inspection, material testing and a construction contingency; now, therefore be it RESOLVED,ThatCommonCouncilherebyamendsCapitalProject#814by$392,000 for the project, bringing the total authorization to $ 1,770,700; and, be it further RESOLVED,Thatfundsneededforsaidamendmentshallbederivedfromacombination theof Serial Bonds and ARPA funds, and be it further RESOLVED,CommonCouncilherebyauthorizestheSuperintendentofPublicWorksto execute contracts with the low bidders for the approved Cass Park Pool Liner & Gutter project. A vote on the resolution resulted as follows: Passed unanimously. 30 2 City Administration Committee Meeting Date of Meeting Page 27 5.4 Authorize override of Ithaca Landmarks Preservation Commission conditions on City infrastructure project at Fall Creek Drive pursuant to City Code § 228-12(B) Moved by Alderperson McGonigal. Seconded by Alderperson Defendini. WHEREAS, a project for new and replacement sidewalk located along the 300 block of Fall Creek Drive (“the Project”) was approved for design funding in 2018 by Common Council and is located within the designated Cornell Heights Historic District, and WHEREAS, on May 18, 2021 the City of Ithaca Department of Public Works (“DPW”) received a Certificate of Appropriateness from the Ithaca Landmarks Preservation Commission (“Commission”) for the project (which includes ancillary improvements to curbing, drainage, asphalt, signs, and 227 feet of guiderail), approved on the condition that the “guiderail shall have a box profile and shall be powder-coated or painted green”, and WHEREAS, in consultation with its design engineers, DPW determined that the Commission- specified guiderail would not provide adequate safety protection due to the proximity of the gorge to the roadway, and accordingly directed the installation of a standard W-beam guiderail on September 1, 2023 on public safety grounds pursuant to City Code §228-13(D), and WHEREAS, the estimated cost of painting the standard guiderail green is$30,000, double the cost of installation of unpainted W-beam guiderail, and WHEREAS, the authorized budget for the Project is insufficient to cover the expense of painting, and WHEREAS, City Code § 228-12(B) provides that “If the cost of an action required by the Commission would exceed by 20% or more the cost of the action if not regulated by the Commission, the Common Council reserves the right to determine whether compliance with the Commission's requirements for that action are prudent and feasible in light of potentially competing public interests. Should Common Council determine, upon due deliberation, that such compliance would not be prudent and feasible, the action may proceed as though it were not regulated by the Commission”; now, therefore, be it RESOLVED, that the Common Council finds that compliance with the Commission’s requirements in not prudent and feasible in light of competing public interests; namely, the Common Council finds that allocating $30,000 in additional taxpayer funds for the aesthetic enhancement of 227 feet of guardrail would not be prudent or feasible in light of competing Citywide funding needs for higher-priority infrastructure projects, staffing, and other budgetary requirements; and be it further 31 2 City Administration Committee Meeting Date of Meeting Page 28 RESOLVED, that the Common Council, pursuant to City Code § 228-12(B), authorizes the Department of Public Works to proceed as though the installation of the guardrail in connection with the Project were not regulated by the Commission. A vote on the resolution resulted as follows: Passed unanimously. 6.City Manager Transition 6.1 COW Preparation Discussion 7.Other Business 8.Meeting Wrap-up 6.1 Announcements Last meeting for the year. 8.2 Next Meeting Date: To be determined by new council. 8.3 Review, Agenda Items for Next Meeting: None 8.4 Adjourn: 8:15 p.m. 32