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Home My WebLink AboutMN-CC-2024-07-10YouTube Link: Date: Location: Wednesday July 10, 2024 City Hall Council Chambers COMMON COUNCIL Voting Record 1.Call to Order 1.1 Emergency Evacuation 2.Agenda Review 3.Reports of Municipal Officials 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 Also Present: Alderperson Nguyen attending virtually via Zoom. Alderperson Haines-Sharp medically excused. Discussion Summary: The July 10th Common Council Regular meeting is called to order. Timestamp 1:36 YouTube Link: https://www.youtube.com/watch?v=yqDtDeiQjy4&t=17231s Discussion Summary: Mayor Cantelmo read the Emergency Evacuation Notice. Timestamp 1:46 Discussion Summary: Mayor Cantelmo announced that given the turnout for the public hearing, the city manager, controller, and clerks report will be given at the next committee meeting. No other changes to the agenda have been made. Timestamp 3:50 Discussion Summary: County Legislator Rich Johns presented council with the Tompkins County Legislative Report, Legislator Johns talked about the South works project, noting this is the largest economic development the county and the city will see. The project is a 1.7 million square feet development. Legislator Johns reported that the Industrial Development Agency is looking into a tax incentive package to make sure the project is financially viable; Discussions continued with questions and comments from Council. Timestamp 4:37- 23:26 4.Public Hearing 4.1 A Local Law Clarifying the Authority of the Common Council, Mayor, and City Manager with Respect to Certain Department Heads Discussion Summary: No one from the public offered comments on the local law. Timestamp Moved By: Pierre Saint-Perez Seconded By: Margaret Fabrizio Motion Summary: Move to open the public hearing on Local Law Clarifying the Authority of the Common Council, Mayor, and City Manager with Respect to certain Department Heads. Timestamp 23:45 Vote Passed 10-0 Carried Unanimously Member Approve Oppose Recuse 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 Moved By: Pierre Saint-Perez Seconded By: Clyde Lederman Motion Summary: Move to close public hearing on local law Clarifying the Authority of the Common Council, Mayor, and City Manager with Respect to certain Department Heads. Timestamp 24:47 Vote Passed 10-0 Carried Unanimously Member Approve Oppose Recuse 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 4.2 Local Law- Good Cause Eviction Protections 5.Proclamations and Awards Discussion Summary: Members from the community, both tenants and property owners were in attendance to speak on the Good Cause Evictions Protections Local Law. Mayor Cantelmo read each persons name that signed up to speak during public comments. Some members from the public were also in attendance via Zoom to give comments on the local law. Timestamp 25:37- 1:48:29 Moved By: Margaret Fabrizio Seconded By: Tiffany Kumar Motion Summary: Move to open the Public Hearing on Local Law Good Cause Eviction Protections. Timestamp 25:05 Vote Passed 10-0 Carried Unanimously Member Approve Oppose Recuse 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 Moved By: Tiffany Kumar Seconded By: Pierre Saint-Perez Motion Summary: Move to close Public Hearing on Local Law for Good Cause Evictions Protection. Timestamp 1:48:35 Vote Passed 10-0 Carried Unanimously Member Approve Oppose Recuse 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 6.Review and Approval of Minutes 6.1 Review and approval of June 5th, 2024 Common Council Regular Meeting Minutes 7.Petitions and Hearings of Persons Before Council 7.1 Statements from the Public 7.2 Privilege of the Floor - Mayor and Council 8.Consent Agenda Discussion Summary: There were no proclamations and awards presented at tonight's meeting. Moved By: Pierre Saint-Perez Seconded By: David Shapiro Motion Summary: Move to approve the June 5th Common Council Meeting Minutes. Timestamp 1:49:12 Vote Passed 10-0 Carried Unanimously Member Approve Oppose Recuse 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 Discussion Summary: Members from the public shared their thoughts and comments with Council on the following topics: Good Cause Evictions Community involvement, and Bird Protections Timestamp 1:49:31-2:06:29 Discussion Summary: Each council member spoke to the public in response to their concerns and comments presented during the public comments. Timestamp 2:06:29- 2:46:12 Discussion Summary: Alderperson Shapiro voted against moving the Consent Agenda Items 8.1-8.5. Consent agenda items require a unanimous vote. Consent Agenda Items 8.1-8.5 will be moved and voted on Separately. Timestamp 2:47:00 Moved By: Pierre Saint-Perez Seconded By: Kayla Matos 8.1 Amendment to Personnel Roster- City Chamberlain's Office 8.2 Roster Amendment- Civil Engineer Title Motion Summary: Motion to Move Consent Agenda. Timestamp 2:46:43 Vote Failed 9-1 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 Moved By: Clyde Lederman Seconded By: Pierre Saint-Perez Motion Summary: Motion to approve Roster Amendment for Civil Engineer Title. Timestamp 2:47:40 Vote Passed 10-0 Carried Unanimously Member Approve Oppose Recuse 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 Moved By: Pierre Saint-Perez Seconded By: Kayla Matos Motion Summary: Motion to approve Roster Amendment for the Civil Engineer Title. Timestamp 2:48:12 Vote Passed 10-0 Carried Unanimously 8.3 Ordinance Amending City Code - Street Addressing 8.4 Revocable License for the Use of City Property-Kayak Launch License Member Approve Oppose Recuse 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 Moved By: Tiffany Kumar Seconded By: Pierre Saint-Perez Motion Summary: Motion to Approve the Ordinance Amending City Code for Street Addressing. Timestamp 2:48:41 Vote Passed 10-0 Carried Unanimously Member Approve Oppose Recuse 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 Moved By: Clyde Lederman Seconded By: Pierre Saint-Perez Motion Summary: Motion to approve the Issuance of a Revocable License for Use of City Real Property Near 101 Pier Road, Ithaca NY. Timestamp 2:48:59 Vote Passed 10-0 Carried Unanimously 8.5 Camden Group Contract for Wastewater Treatment Plant Operations Member Approve Oppose Recuse 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 Discussion Summary: Alderperson Shapiro wanted more discussion before voting on the item, making a point about the urgency at which Council seems to pass policy, pointing out that there also seems to be a pattern of urgency to pass things from the DPW department. Alderperson Matos moved to amend resolution, but then withdrew their motion. Timestamp 2:50:09-2:53:25 Moved By: Patrick Kuehl Seconded By: Clyde Lederman Motion Summary: Motion to approve the Camden Group Contract for Wastewater Treatment Plant Operations. Timestamp 2:49:36 (Alderperson Brown is temporarily absent from vote) Vote Passed 9-0 Carried Unanimously Member Approve Oppose Recuse Robert Cantelmo X Kayla Matos X Ducson Nguyen X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Clyde Lederman X Moved By: Pierre Saint-Perez Seconded By: Margaret Fabrizio Motion Summary: Motion for an 8-Minute Recess. Timestamp 2:53:49 (Alderperson Brown temporarily absent from vote) Vote Passed 8-1 9.New Business / Member Filed 9.1 Authorization to Apply for NYS Dept. Of Environmental Conservation Climate Smart Communities Grant 9.2 NYS Department of State’s Environmental Protection Fund Smart Growth Community Planning and Zoning Grant Program Member Approve Oppose Recuse Robert Cantelmo X Kayla Matos X Ducson Nguyen X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Clyde Lederman X Discussion Summary: Meeting is back in session after an 8-minute recess. Alderperson Saint-Perez will move item 9.1. Timestamp 3:01:51 Discussion Summary: Alderperson Matos is recusing herself from the voting item due to Southside Community Center being the historically black center being named in the Grant, and an employee of Southside Community Center. Director of Sustainability Rebecca Evans was present for discussion with Council. Timestamp 3:02:31-3:10:25 Moved By: Pierre Saint-Perez Seconded By: Phoebe Brown Motion Summary: Motion to Approve item 9.1 Authorization to Apply for NYS Department of Environmental Conservation Climate Smart Communities Grant. Timestamp 3:01:56 Vote Passed 9-0 Carried Unanimously Member Approve Oppose Recuse 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 9.3 Encampment Response Coordinator Position Discussion Summary: Megan Wilson was present to answer Council's questions regarding the application and the project. Timestamp 3:12:04-3:17:09 Moved By: Robert Cantelmo Seconded By: Clyde Lederman Motion Summary: Motion to approve Item 9.2 NYS Department of Environmental Protection Fund-Smart Growth Community Planning and Zoning Grant Program. Timestamp 3:11:12 Vote Passed 10-0 Carried Unanimously Member Approve Oppose Recuse 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 Discussion Summary: The Encampment Response Coordinator Position discussion was Tabled until the August 7th Common Council Meeting. Alderperson Kuehl moved to table the discussion to continue talking to community organizations to get more information and see if this is the best use of city funds. There was some discussion between Council on the motion to table. Mayor Cantelmo wanted Council to recognize that the policy in place is the policy that is in place until Council gives a direction otherwise. Timestamp 3:21:47-3:53:26 Moved By: Clyde Lederman Seconded By: Patrick Kuehl Motion Summary: Motion to extend the meeting for 1 hour to 10:45pm. Timestamp 3:47:48 (Alderperson Matos temporarily absent from vote) Vote Passed 7-2 Member Approve Oppose Recuse Robert Cantelmo 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 Moved By: Kayla Matos Seconded By: Phoebe Brown Motion Summary: Motion to Call The Question on tabling the discussion on the matter. Timestamp 3:53:34 Vote Passed 8-2 Member Approve Oppose Recuse 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 Moved By: Patrick Kuehl Seconded By: David Shapiro Motion Summary: Motion to Table the vote on the Encampment Response Coordinator Position to August 7th Council Meeting. Timestamp 3:54:02 Vote Passed 6-4 9.4 Local Law- Good Cause Eviction Protections Member Approve Oppose Recuse 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 Discussion Summary: Local Law was moved with section two code amendments read by Alderperson Kumar. Discussion from Council. Timestamp 3:54:49 - Moved By: Margaret Fabrizio Seconded By: David Shapiro Motion Summary: Motion by Alderperson Fabrizio to Table Local Law on Good Cause Evictions to the August Study Session. Timestamp 4:14:58 Vote Failed 2-8 Member Approve Oppose Recuse 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 Moved By: Patrick Kuehl Seconded By: Tiffany Kumar Motion Summary: Motion to Call The Question on the motion to delay the vote. Timestamp 4:17:21 Vote Passed 7-3 Member Approve Oppose Recuse 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 Moved By: Clyde Lederman Seconded By: Kayla Matos Motion Summary: Motion to extend the meeting until 11:15pm. Timestamp 4:28:32 Vote Passed 8-2 Member Approve Oppose Recuse 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 Moved By: Tiffany Kumar Seconded By: Patrick Kuehl Motion Summary: Motion to Call To Question the discussion on Local Law. Timestamp 4:31:43 Vote Failed 5-5 Member Approve Oppose Recuse 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 Moved By: Tiffany Kumar Seconded By: Clyde Lederman Motion Summary: Motion to Call The Question the Motion To Amend on the grounds that it would be effectively tabling the policy. Timestamp 4:43:05 Vote Passed 7-3 Member Approve Oppose Recuse 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 Moved By: Margaret Fabrizio Seconded By: David Shapiro Motion Summary: Motion to Amend- the definition of the small landlord be amended to match the state's definition which is a property owner with more than 10 units of rental housing. Timestamp 4:43:37 Vote Failed 2-8 Member Approve Oppose Recuse 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 Moved By: Tiffany Kumar Seconded By: Patrick Kuehl Motion Summary: Motion to end debate. Timestamp 4:44:03 Vote Passed 7-3 Member Approve Oppose Recuse 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 Moved By: Tiffany Kumar Seconded By: Kayla Matos Motion Summary: Motion to Adopt Local Law Good Cause Eviction Protection in the City of Ithaca. Timestamp 4:44:25 Vote Passed 8-2 9.5 A Local Law Clarifying the Authority of the Common Council, Mayor, and City Manager with Respect to Certain Department Heads 10.Mayor Appointments 10.1 Mayor Appointments- Planning Board Member Approve Oppose Recuse 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 Discussion Summary: Local Law was moved and summarized by Alderperson Saint Perez. Roll Call Vote was given on Local Law. Timestamp 4:45:22 Moved By: Pierre Saint-Perez Seconded By: Kayla Matos Motion Summary: Motion to approve Local Law Clarifying the Authority of the Common Council, Mayor, and City Manager with Respect to the Certain Department Heads. Timestamp 4:46:40 Vote Passed 10-0 Carried Unanimously Member Approve Oppose Recuse 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 Discussion Summary: Mayor Cantelmo appointed Emily Petrina to serve as Chair as a replacement to the current chair who is on sabbatical. Timestamp 4:46: Moved By: Robert Cantelmo Seconded By: 10.2 Mayoral Appointment-2024 Working Group IAWWTF 11.Report of City Manager 11.1 City Manager Monthly Report- Month of July 12.Report of City Controller 12.1 City Controller's Report- Month of July 13.Reports from Council and Staff 14.Executive Session (If Needed) Motion Summary: Appointing Emily Petrina as Chair the Planning Board. Timestamp 4:47:12 Vote Passed 10-0 Carried Unanimously Member Approve Oppose Recuse 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 Discussion Summary: The Mayoral Appointment for the 2024 Working Group is just for review and discussion. In the interest of time, the discussion has been postponed, any questions can be addressed offline. Mayor Cantelmo moved on to Executive Session. Timestamp 4:47:54 Discussion Summary: Will be presented at the next Committee meeting. Discussion Summary: Will be presented at the next Committee Meeting. Discussion Summary: Will be presented at the next Committee Meeting. Discussion Summary: Council entered into an executive session to discuss the employment of a certain individual. Mayor Cantelmo stated for the record Council will return with a vote. Timestamp 4:47:54 Moved By: Pierre Saint-Perez Seconded By: Margaret Fabrizio 14.1 Discussion of matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person. Motion Summary: Motion to enter into Executive Session to discuss a personal matter related to the employment of a certain individual Timestamp 4:48:07 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 Moved By: Pierre Saint-Perez Seconded By: Kayla Matos Motion Summary: Motion to Exit Executive Session. Timestamp 5:09:43 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 Discussion Summary: The resolution was moved and read in it's entirety for the record by Alderperson Saint-Perez. Timestamp 5:10:03-5:11:55 Moved By: Pierre Saint-Perez Seconded By: David Shapiro Motion Summary: Motion to approve resolution appointing Victor Kessler as City Attorney. Timestamp 5:12:01 Vote Passed 10-0 Carried Unanimously 15.Meeting Wrap Up Member Approve Oppose Recuse 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 Discussion Summary: Mayor called for meeting to be adjourned. Timestamp 5:12:14 Moved By: Kayla Matos Seconded By: Pierre Saint-Perez Motion Summary: Meeting Adjourn. Timestamp 5:12:20 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 Online Form Submittal: Common Council Public Comment Form no reply@ civicplus.co m < noreply@civicplus.com > Wed 7/10/202412:24 PM To:common council < cou ncil@cityofithaca.org >; Robert cantelmo < mayorcantelmo@cityofithaca.org >; Deb Mohlenhoff < dmohlenhoff@cityofithaca.org >;Alan Karasin <AKarasin@cityoflthaca.org >;Shaniqua Lewis <slewis@cityofithaca.org > Common Council Public Comment Form First Name DANIEL Last Name SHEIRE Street Address Municipality .Note this may be different from your zip code 14850 State Topic of Discussion Your Comments New York Bird-Friendly Building Code Dear esteemed members of the City Council, As an employee of the Cornell Lab of Ornithology and a resident of this beautiful area, lam writing to express my strong support for the adoption of bird-f.iendly building codes in Ithaca. Each year, nearly one billion birds are lost due to collisions with reflective glass, a tragic and preventable consequence of modern architecture. Birds cannot distinguish between a reflection and open airspace. A tree reflected in a window is perceived as a safe place to perch, resulting in tragedy. Nestled within a vast forest, lthaca is uniquely positioned to lead by example in protecting our avian neighbors. The city's commitment to sustaanability and conservation should be reflected in our building practices, ensuring that as our foolprint expands, we live in harmony with birdlife rather than at odds with it. Our city is a critical stopover for countless migratory birds traveling lo and from their nesting grounds in the forests of Canada. These journeys, some originating as far away as Cenlral and Soulh America, are perilous, and the presence of bird-friendly buildings can provide a safer passage for these travelers. Additionally, lthaca's dawn chorus-a symphony featuring Juncos. Cardinals, Nuthatches, Chickadees, and many other species-reminds us daily of the vibrant birdlife that calls our community home. lmplementing bird-friendly building codes aligns with lthaca's Contact lnformation values and ensures that our growth does not come at the expenss of the natural world. By taking this step, we honor our responsibility to protecl the wildlife that enriches our lives and contributes to the ecological health of our region. Please join many other maior cities in adopting these new measures. Thank you for considering this important initiative. Sincerely, Daniel Sheire Cornell Lab of Ornithology dsheire@msn.com Email not displaying correctly? UC!!_iLilyeUI_UrclrSCr Online Form Submittal: Common Council Public Comment Form no rep ly@ civicplu s.co m < noreply@civicplus.com > \Ned 1/1Q/2024 12:24 PM To:Common Council <council@cityofithaca.org>;Roben Cantelmo < mayorcantelmo@cityofithaca.org >;Deb Mohlenhoff <dmohlenhoff@cityofithaca.org>;Alan Karasin <AKarasin@cityofithaca.org >;Shaniqua Lewis <slewis@cityofithaca.org > Common Council Public Comment Form First Name Sonja Sandstrom tE 14850 Last Name Municipality *Note this may be different from your zip code Street Address State Topic of Discussion Your Comments NY Good Cause Eviction article Please read this article about the actual effects passing th;s proposal will do to our community. I will try to paste the text in case the link won't work httos:/iwww. 1 4850.com/070937281 -letterlvman-good-cause/ Deleting the safe harbor for small landlords ensures that the rich get richer and this does not provide protections for tenants lam against passing this proposal. Opinion: "Good Cause Eviction" law is a wolf in sheep's clothing July 9,2024 by Letter to the Editor in 14850 Magazine This guest column by Nathan M. Lyman, Esq. of Lyman & Lyman LLC on the subject of good cause eviction legislation pendlng before Common Council The "Good Cause Eviction" law ("the Law") is a wolf in sheep's clothing. It's true purpose is to impose rent control on lthaca. The City has not considered the economic impacts of the law, in a rush to be one of the first to impose it. Political bragging rights with no concern of the impact to the taxpayers. The majority of the city budget is paid by property taxes. There are 5,506 tax parcels in the City. With a 2024 assessment of $6,714,339,468, wholly tax-exempt properties account for 56.89% (3,819,765,70'l ). Wholly tax-exempt includes Cornell, lC, not for profits, churches, and governmental buildings. IDA exempted properties are 5.12ok ($343,590,001) and City taxable properties are $2,811 ,131 ,979. The City taxable number is understated because it includes partial exemptions, such as senjors, veterans, and 581-a subsidized housing. 581-a is a special tax classification that statutorily alters the fair market value (FMV) of properties downward. Although these properties pay some tax, it is based on an assessmenl significantly lower than the FMV of similar properties. Every time there is a new 581-a project in the city, it reduces the amount of FMV land available to pay taxes, and effectively increases taxes on the remaining FMV taxpayers. A comparison is Breckenridge Apartments (58'1-a) to Lofls at Six Mile Creek (FMV). Both were built around the same time and are similar in size. Breckenridge is assessed at $1,115,000. The land cost in 2014 was $1,100,000. Based on 2024 assessments, the average unil assessment is $7,300. Lofts is assessed at $9,000,000; its average per-unit assessment is $189,565. Breckenridge would be assessed at about $9,480,000 but for 581-a. There are 13 581-a properties in the City, all of which will be exempt from the Law Rent Control does not work and is counlerproductive. A 2019 study of the 1994 rent control law in San Francisco found that the supply of rental units went down 15%, and over the long run rents went up, undermining the goal ofthe law. A 1992 study found that 93% of professional economists agreed that rent control reduces the quality and quantity of housing. A study of Cambridge, MA, which eliminated rent control in '1994, found "the success of rent decontrol in Cambridge provide important lessons that should inform the debate over the issue in New York" finding "a concrete example of complete rent deregulation leading to housing investment that would otherwise not have occurred..." The Law says it applies "to all housing accommodations except..." for'15 separate exemptaons. Three ofthose exemptions will negate its application to most tenants in lthaca. These include public and subsidized housing, properties built in the last 30 years, and schools/universities. lthaca Housing Authority, other subsadized properties, Cornell, lthaca College, and new large properties will be exempt. The Law has two exemptions the City is significantly changing. One is for small landlords. The state legislature created a safe harbor for small landlords defined as owning '10 units or fewer. The City changes the definition to 1. The second deals with wealthy renters who pay more than FlvlV for an apartment. This does not really apply in lthaca, because those people own their home, and generally don't rent. Only 4?% of the total assessmenl are taxpayers. 94 properties equaling 1.7% of the total parcels in the city comprise 24.4' of the taxable property value. The remaining taxpayers are landlords with 10 or fewer units and residenlial owners. Residential assessments are set differently than commercial. lf commercial income stays flat or goes down, or expenses go up, or the perceived risk of owning goes up, commercial assessments go down. Rent control artilicially depresses income. lnflation drives expenses up for landlords, like everyone else. lnterest rates remain high. Rent control laws significantly affect investment risk-based decisions. These effects reduce the value of commercial property. lf commercial assessments go down, the only taxpayers left to pay are single family homeowners. Who does the Law benefit? Although some say it protects tenants, an analysis of cases filed and warrants granted by the Couds shows that will not be true. The vast majority of cases brought for eviction are based on non-payment of rent. This law does not protect tenants who don't pay rent. The very few other cases appear to be primarily for bad conduct. The Law is not a defense to that either. The following chart illuslrates this: A chart of eviction data There are a number of important facts revealed by this chart There is not a rental eviction crisis in the City. The majority of court filings are settled and do not result in warranls of eviction. The number of filings county-wide in 2023 was consistent with 2019, as the legislatively mandated limitation of access to cou.ts in 2020 and 2021 returns caseloads to normal. 2024 is not statistically different. Some are saying there is an eviction crisis today in the city. Just watch how the caseload goes up if the law is adopted. Passage of the Rent Control law will not significantly reduce eviction filings or warrants based on the historical fact that most evictions are based on non-payment which the law does not protect the tenant from. Rather, lt will increase filings because if Landlords are not allowed to let leases expire, they will have to go to court to terminate. This will increase the caseload, not reduce it. The data does not support a need for "good cause" eviction protection if only 4 cases granting warrants in 2024 might involve extension of a lease term/holdover. lt is more likely, however, those 4 cases involved bad conduct by the tenant that caused a lease default. lt is also likely, considering the makeup of property ownership in the City, that these 4 cases are in units exempt from this law, so even if it did involve a lease extension issue, the tenant receives no benefit from the proposed law. The answer to who benefils most is government, large property developers with new buildings, and Cornelt/lC. An exemption cuts in multiple directions - a tenant living in a unit that is exempt from this law gets no "protection" f.om non-renewal, because the unit is not covered by the law. lf most of those who are not being extended now are in subsidized housing, those landlords can remove them by non-renewal, but the small property owners, Ieast able to bear the cost of a bad tenant, cannot. Where will those troubled tenants go? - to the few landlords who are not exempt. Small landlords own older buildings and receive less income: the structures are not designed for amenities that most college students want, because they did not exist 100 years ago. These are the people who bought the historical old structures and tried to make them profitable by investing in them. Those who are historically minded constantly cite these buildings as important examples of our community fabric that must be retained even if the buildings are not viable as a single family residence. It is these small entrepreneurs who are not exempt thal will pay the price for this folly. And when they do, their land will be purchased by the big players who will seek to tear the buildings down so that they will be exempt from this law with a new shiny building. Ultimately, it will be the single-family homeowner thal bears the greatest cost - residential assessments are zooming. When commercial values stagnate or go down and residential goes up, the burden will fall more on the residential taxpayer. Of course, the near 600/o tax exempt property owners won't care, because they don't pay any tax. Real estate has always been a way of achieving the American dream across all socio-economic levels. This law will stop that rising up. Most larger family-based landlords in llhaca started out decades ago with a unit and a dream. They did not have money, bul did sweat equity management. They fixed up dilapidated houses, bought local, invested locally and the city benefited. Many seniors have been able to stay in their home by renting, in spite of their taxes and water bills going up every year. This Law wlll limil their income, but not their water bills. The city cannot assume that the historical golden goose of off campus studenls that make up most of the City's tenant population and contribute to the commercial tax payments will continue, as new studenl housing outside the City has recently been announced (Maplewood 2) and large new on-campus tax exempt properties continue to be built. The Law should not be adopted Nathan M. Lyman Online Form Submittal: Common Council Public Comment Form noreply@civicplus.com < noreply@civicplus.com > Wed 7/10/202412:10 PM To:Common Council < council@cityofithaca.org >; Robert Cantelmo < mayorca ntelmo@cityofithaca.org >; Deb Mohlenhoff <dmohlenhoff@cityofithaca.org>;Alan Karasin < AKarasin@cityofithaca.org >;Shaniq ua Lewis < slewis@cityofithaca.org > Common Council Public Comment Form First Name sally schwartzbach Street Address - Municipality 'Note this may be different from your zip code city of ithaca Last Name State Topic of Discussion Your Comments new york Good cause Eviction law This law needs more lime before voting due to the unintended consequences of the law: '1. This law will not solve the problem of bad actor landlords. Council should be looking to enforce code violations and lapsed or no certificates of compliance. If stafting of the building dept is not enough to assure that all rental propertaes are in compliance, their budget and staff should be increased. Having healthy properties will go far to improve tenants' housing and remove retaliatory non-renewals for tenants who have to fight for healthy rentals. 2. Good landlords who offer healthy fair housing will be hurt by this law. Many landlords whose tenants are violating the lease either by rent arrears or lease violation currently can use a much kinder for both side, non-renewa! to avoid eviction court. When the landlord is well within their rights they will be forced to pursue eviction that will incur $1,000's in costs from legal fees and lost rent while waiting the 3-5 months of process in court. We have never not renewed a lease in 40 years nor evicted any tenant. But, with this law, small landlords like me and my husband will need to raase rents in order to create a "legal fees fund". 3. lf we do not renew a tenant and we have good cause, we can't rent the apartment until after the legal process-losing months of rent that we count on the pay taxes, mortgage, etc. 4. lf a current tenant becomes a "holdover" and we've rented the unit, the incoming tenant is basically made to be homeless. Though we have a legal path to evict, it will be months before the current tenant (holdoveo moves out. What happens to the incoming tenanls-they are basically paying the high price of Contact lnformation instability because the current tenant digs in their heels. Where is the fairness in that? 5. lt appears that NY Siate and lthaca are going for the weakest low-hanging fruit to lry to solve the problem of affordable housing and for discriminatory practices. All of the larger housing developers and any subsidized housing is exempt. The notion that "the law must start somewhere" is misguided. The lobbyists will not back down and until NY legislators set aside their own interests, it will be lhe small landlords who must pay as will the tenants whose rents will go up and who will face an eviction record rather than a second chance at starting somewhere else. I spent most of my career working with vulnerable unhoused young people and I know intimately both sides of tenanUlandlord issues. I totally agree that the housing situation in our county and city in particular is horrendous. Renls are way too high. We know that our taxes and assessments have increased astronomically in the past 5 years. The city and county must look at the issue of rising property assessments and taxes. Who wins from this law? Lawyers and the large corporate housing providers. I ask lhat you slow down this vote, do a good study of the benefits and costs and unintended consequences of this Iegislation. I thank you for your service and for taking this and all of your work very seriously. Email not displaying correctly? View it in vour browser. Date: Time: Location: Watch Online: Wednesday July 10, 2024 6:00 PM City Hall Council Chambers https://www.youtube.com/@CityofIthacaPublicMeetings COMMON COUNCIL REGULAR SESSION AGENDA AMENDED 1.Call to Order 1.1. 2.Agenda Review 3.Reports of Municipal Officials 4. Public Hearing 4.1. 4.2. 5.Proclamations and Awards 6.Review and Approval of Minutes 6.1. 7.Petitions and Hearings of Persons Before Council 7.1. 7.2. 8.Consent Agenda 8.1. 8.2. 8.3. 8.4. 8.5. 9.New Business / Member Filed 9.1. 9.2. 9.3. 9.4. 9.5. 10.Mayor Appointments 10.1. 10.2. Emergency Evacuation Additions, Deletions, or Changes to the Agenda. Report from County Legislators A Local Law Clarifying the Authority of the Common Council, Mayor, and City Manager with Respect to Certain Department Heads Minutes Smart Communities Grant Community Planning and Zoning Grant Program 1 11.Report of City Manager 11.1. 12.Report of City Controller 12.1. 13.Reports from Council and Staff 14.Executive Session (If Needed) 14.1. 15.Meeting Wrap Up City Manager Monthly Report- Month of July City Controller's Report- Month of July Report from City Attorney Report from City Clerk Discussion of matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person. Announcements Next Meeting Meeting Adjourned Public Comment Forum 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. Groups of 3 or more speakers are allotted more speaking time. For Longer Speaking Time - Multiple speakers on the same topic can speak as a group with one Designated Speaker to represent the Group. This will give you more time to share your thoughts and concerns during the Public Comment Forum. 3-4 Persons with One Designated Speaker - Alotted 5 minutes 5 or More Persons with One Designated Speaker - Alotted 7 minutes Can't Come to the Meeting but still want to speak? Register to Speak Virtually - https://tinyurl.com/7ts9zmku Attending the Meeting to Speak in Person? Pre-Registration Not Required Comment Cards are provided to those who attend in person. Once you have filled out your Comment Card, please hand your card to the Clerk. Your name will be called to speak in the order the cards are received. Please Note Comment Cards will be accepted up until the Public Comment Forum begins or a maximum of 30 speakers, whichever comes first. Once we have reached a maximum of 30 speakers, you can submit your comment using the Written Comment Link Below. Want to Submit a Comment and Not Speak in Person? To Submit Written Comments - https://tinyurl.com/mr9kdhw8 *Written comments submitted with be compiled and entered into the record. 2 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Clerk's Office Shaniqua Lewis, TO:Common Council FROM:Mayor Robert Cantelmo DATE:July 10, 2024 RE:Emergency Evacuation CP#:N/A MEMORANDUM 4 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Attorney's Office Shaniqua Lewis, TO:Common Council FROM:City Attorney's Office DATE:July 10, 2024 RE:A Local Law Clarifying the Authority of the Common Council, Mayor, and City Manager with Respect to Certain Department Heads CP#:N/A MEMORANDUM 2nd Public Hearing to receive public feedback regarding A Local Law Clarifying the Authority of the Common Council, Mayor, and City Manager with Respect to Certain Department Heads 5 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Mayor's Office Shaniqua Lewis, TO:Common Council FROM:Mayor's Office DATE:July 10, 2024 RE:Local Law- Good Cause Eviction Protections CP#:N/A MEMORANDUM A 2nd Public Hearing to receive public feedback regarding A Local Law Adopting Good Cause Eviction Protections in the City of Ithaca. 6 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Clerk's Office Shaniqua Lewis, TO:Common Council FROM:Mayor Robert Cantelmo DATE:July 10, 2024 RE:Review and approval of June 5th, 2024 Common Council Regular Meeting Minutes CP#:N/A MEMORANDUM June 5th 2024 Common Council Regular Meeting Minutes to be approved by Council. 7 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Common Council Shaniqua Lewis, TO:Common Council FROM:Mayor Robert Cantelmo DATE:July 10, 2024 RE:Statements from the Public CP#:N/A MEMORANDUM Members of the Public share thoughts and comments of topics of interest 8 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Clerk's Office Shaniqua Lewis, TO:Common Council FROM:Mayor Robert Cantelmo DATE:July 10, 2024 RE:Privilege of the Floor - Mayor and Council CP#:N/A MEMORANDUM Mayor and Council's Response To The Public 9 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Human Resources Shaniqua Lewis, TO:Common Council FROM:Chamberlain's Office DATE:July 10, 2024 RE:Amendment to Personnel Roster- City Chamberlain's Office CP#:N/A MEMORANDUM Accounts Receivable Position be decreased from 40 hours/week to 22.5 hours/week. 10 Amendment to Personnel Roster – City Chamberlain’s Office WHEREAS, the Chamberlain’s Office is seeing a shift in the workload due to the new financial software and the move towards credit card and online payments, and WHEREAS, the City Chamberlain is requesting that the work hours of one of its Accounts Receivable Positions be immediately decreased from 40 hours/week to 22.5 hours/week in recognition of this shift in workload, and intends to revisit departmental staffing levels in connection with the 2025 budget; now, therefore, be it RESOLVED, that the Personnel Roster of the City Chamberlain’s Office be amended as follows: Decrease: One (1) Accounts Receivable Specialist from 40 hours/week to 22.5 hours/week. 11 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Dept of Public Works-Engineering Shaniqua Lewis, TO:Common Council FROM:Engineering DATE:July 10, 2024 RE:Roster Amendment- Civil Engineer Title CP#:N/A MEMORANDUM We are requesting to eliminate the specialized title (Bridge Systems Engineer) and replace it with the broader Civil Engineer title 12 13 14 15 16 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Department of Public Works Shaniqua Lewis, TO:Common Council FROM:Robert Fell-DeWalt, DATE:July 10, 2024 RE:Ordinance Amending City Code - Street Addressing CP#:N/A MEMORANDUM An Ordinance Amending Ithaca City Code Chapters 206, “Houses, Numbering of”, and 342-1, “Street Numbering” The Department of Public Works and the Department of Planning, Building, Zoning, and Economic Development seek to transfer the authority for assigning street addresses from the City Engineer to the Director of Planning and Development or designee. 17 1 An Ordinance Amending Ithaca City Code Chapters 206, “Houses, Numbering of”, and 342-1, “Street Numbering” WHEREAS, the City Engineer is currently responsible for assigning street addresses to new properties; and WHEREAS, the Common Council of the City of Ithaca desires to amend Chapters 206 and 342- 1 of the Ithaca City Code to reassign such authority to the Director of Planning and Development or their designee, which would improve administrative efficiency in light of the primary role of the Department of Planning, Building, Zoning, and Economic Development in reviewing and approving new development; now, therefore ORDINANCE 2024 - BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative findings, intent, and purpose. The Common Council of the City of Ithaca makes the following findings: 1.The Department of Planning, Building, Zoning, and Economic Development typically serves as the lead department reviewing and approving new development in the City of Ithaca 2.Administrative efficiency would be improved by reassigning authority over street numbering from the City Engineer to the Director of Planning and Development or their designee 3.Chapter 206 of the Ithaca City Code should be re-titled to clarify that numbering requirements apply to all buildings. Section 2. Amendments to Chapter 206 of the Ithaca City Code Chapter 206 of the Ithaca City Code is hereby retitled as follows: 1 Houses and Buildings, Numbering of Section 3. Amendments to Chapter 342-1 of the Ithaca City Code The following portion of Chapter 342-1 of the Ithaca City Code is hereby amended as follows: The City EngineerDirector of Planning and Development or their designee shall designate street numbers for all properties. 1 Strikethrough indicates removals. Underlining indicates additions. 18 2 Section 4. 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 5. Effective Date This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. 19 M E M O R A N D U M Date: May 30, 2024 To: Common Council From: Robert Fell-DeWalt, Director of Code Enforcement RE: Street Addressing EXECUTIVE SUMMARY The Department of Public Works and the Department of Planning, Building, Zoning, and Economic Development seek to transfer the authority for assigning street addresses from the City Engineer to the Director of Planning and Development or designee. PROJECT HISTORY, BACKGROUND, & ANALYSIS The assignment of street addresses has historically been the responsibility of the City Engineer. Over time, however, the administrative functions of the Department of Public Works (“DPW”) and the Department of Planning, Building, Zoning, and Economic Development (“Planning Department”) have changed, with the latter now serving as the lead City department when properties are developed. When an owner or a developer proposes capital improvements to a property, applications are made for Site Plan Approval and a Building Permit to the Planning Department, which remains closely involved with the development of properties throughout the process. Transferring responsibility for assignment of street addresses to the Planning Department would promote administrative efficiency and house such authority in the department which is in the best position to exercise it. BUDGET IMPLICATIONS & FUNDING None. NEXT STEPS Common Council to vote on the accompanying ordinance which would revise the following sections of the Ithaca City Code. 1.Change the title of Chapter 206 from “Houses, Numbering of” to “Houses and Buildings, Numbering of”. 2.Change Section 342-1 Street Numbering as follows: a.Currently: “The City Engineer shall designate street numbers for all properties”. b.Proposed: “The Director of Planning and Development or their designee shall designate street numbers for all properties”. 20 STRATEGIC THEME Effective, Transparent and Collaborative Government 21 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Attorney's Office Shaniqua Lewis, TO:Common Council FROM:Victor Kessler, Acting City Attorney DATE:July 10, 2024 RE:Revocable License for the Use of City Property-Kayak Launch License CP#:N/A MEMORANDUM A Resolution Approving Issuance of a Revocable License for Use of City Real Property Near 101 Pier Road, Ithaca, New York 22 A Resolution Approving Issuance of a Revocable License for Use of City Real Property Near 101 Pier Road, Ithaca, New York WHEREAS, Chapter 170 of the Ithaca City Code establishes the process for the issuance of licenses for use of City property by private parties; and WHEREAS, City Harbor II, LLC (“Licensee”) has submitted a request for a license authorizing its use of certain City property consisting of 12 dock faces proximate to Licensee’s property located at 101 Pier Road, Ithaca, New York, (Tax Parcel No. 17.-1-1.3); and WHEREAS, the CITY’s Planning and Development Board has required by resolution dated October 25, 2022, as a condition of site plan approval for a development on Licensee’s property, that a publicly accessible launch for canoes, kayaks, and other human -powered paddlecraft (“Kayak Launch”) be provided on City property; and WHEREAS, the Kayak Launch was installed in May 2023 and is currently open to the public for use at no charge and, as installed, occupies two dock faces; and WHEREAS, Common Council wishes to authorize the execution of an agreement granting a revocable license for the use of City Property and to set fees for said license in a manner reflecting the public benefit provided by the Kayak Launch; now, therefore, be it RESOLVED, that Common Council hereby authorizes the City Manager, subject to the advice of the City Attorney, to execute a revocable license for the use of City Property upon the terms and in a form substantially similar to the agreement submitted in connection with this resolution. 23 24 25 26 27 28 June 5, 2024 Kayak Launch Kayak Launch located on Licensed Premises 103.5 Slips 103.5 - 114 (12 total dock faces) to remain leased from City EXHIBIT A 29 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Department of Public Works Shaniqua Lewis, TO:Common Council FROM:Miike Thorne Superintendent of Public Works DATE:July 10, 2024 RE:Camden Group Contract for Wastewater Treatment Plant Operations CP#:N/A MEMORANDUM Contract Amendment #3 is necessary and will add two Full Time Equivalent (FTE) staff provided by Camden for the period July 1, 2024, through December 31, 2024, at an additional cost of $171,600 by defunding all remaining vacant funded positions at the WWTP 30 DRAFT Resolution for Ithaca Area Wastewater Treatment Plant (WWTP) Camden Contract Amendment #3 Revision WHEREAS, the Ithaca Area Wastewater Treatment Plant (WWTP) has experienced a steady loss of City staff since June 2022, and has not been able to attract and retain employees for various reasons, and WHEREAS, the City of Ithaca began contracting with The Camden Group, Inc. (Camden) in January 2022 to provide supplemental plant staffing and management services as needed, and as required by state regulations, and WHEREAS, the Camden contract has been amended several times due to expiration of previous contract periods, and to increase their scope of services due to the net loss of City WWTP staff, and WHEREAS, Camden Contract Amendment #3 was approved for the 2024 budget in the amount of $715,000 to provide supplemental staff for the entire fiscal year, and WHEREAS, three additional City staff assigned to the WWTP have separated for various reasons since Camden Contract Amendment #3 was approved, and it is necessary to expand the scope of the contract again to provide adequate staff coverage at the WWTP for the remainder of 2024, and WHEREAS, the revision to Contract Amendment #3 is necessary and will add two Full Time Equivalent (FTE) staff provided by Camden for the period July 1, 2024 through December 31, 2024 at an additional cost of $171,600, and WHEREAS, the revision to Contract Amendment #3 was discussed at the Special Joint Committee (SJC) meeting on June 12, 2024 and was supported by the SJC members, therefore be it RESOLVED, that the revision to Contract Amendment #3 with The Camden Group, be approved for an amount not to exceed $171,600 for services covering the period of July 1, 2024 through December 31, 2024; and be it further RESOLVED, that funds necessary for said revision to the contract amendment be derived by defunding all remaining vacant funded positions at the WWTP 31 M E M O R A N D U M Date: June 20, 2024 To: Common Council From: Michael Thorne, Superintendent of Public Works RE: Revise Camden Group Contract for Wastewater Treatment Plant Operations EXECUTIVE SUMMARY The Wastewater Treatment Plant (WWTP) is a critical facility which operates continuously and is required by regulations to be staﬀed with experienced and licensed personnel. It has experienced a steady loss of operating staﬀ due to retirements and resignations over the past two years, starting with the retirement of the Chief WWTP Operator in June 2022. Due to a lack of applicants to replace the Chief Operator, the City began contracting with the Camden Group (Camden) in early 2022 to provide a licensed plant manager to oversee WWTP operations. Since then, additional WWTP staﬀ have separated from the City for various reasons, and we have the same diﬃculty in attracting experienced applicants to replace those positions. The City has expanded the contract with Camden several times to provide experienced operating staﬀ to compensate for the loss of personnel, and has had to defund several vacant positions from the operating budget to oﬀset the additional contract costs. The most recent contract with Camden was approved in the 2024 budget for a full year of supplemental staﬀ which accounted for 41% of the total staﬃng costs. After the 2024 City budget was passed last November, the WWTP has lost three more operational staﬀ and we anticipate another retirement in the near future. We have little hope of replacing these three positions through direct hire and need to expand the Camden contract again to properly staﬀ the plant. This will require defunding all remaining vacant staﬀ positions to oﬀset the expanded contract costs. This memo is to provide suﬃcient background information to support another revision with the Camden Group contract through the end of 2024 and begin a discussion for future operations at the WWTP. PROJECT HISTORY, BACKGROUND, & ANALYSIS In April 2021, the Chief Operator at the time announced his planned retirement in April 2022. To avoid losing institutional knowledge, the Department of Public Works (DPW) gained approval to hire an overlapping Chief Operator position to work for several months with the outgoing Chief so that a seamless turnover could take place. The second Chief position was advertised in July 2021 and by December 2021 there were no applicants for the position. In response, DPW sought out New York State Department of Environmental Conservation (NYSDEC) approved contractors who met regulatory requirements to oversee WWTP operations. Six contractors were solicited and out of only two responses, Camden was selected based on cost, qualiﬁcations, and availability. 32 Camden started in January 2022 under a 6-month contract and worked with the outgoing Chief to gain operating experience at our WWTP and provide continuity for an eventual transition to a new Chief Operator. DPW continued to advertise the Chief position but did not receive any applicants, and Camden’s contract was amended to cover the remainder of the 2022 year and the ﬁrst six months of 2023. In January 2023, a Senior Operator, an Operator, and the Administrative Coordinator retired. In February 2023, another Operator resigned and an Operator Trainee requested a change from full time to part time status. As a result, a second contract amendment was prepared for Camden to provide additional operations staﬀ through the remainder of 2023. Some of the vacated positions were defunded to oﬀset the cost of the second contract amendment to keep the budget neutral. DPW advertised several entry level and experienced level positions in 2023 and hired two Operator Trainees; however, there were no applicants for experienced level positions. For the 2024 budget, a third contract amendment was prepared with Camden to provide the same staﬃng level as in the second contract amendment, but in suﬃcient amounts to cover the entire 2024 year. After approval of the 2024 budget, two Operators and a Lab Tech left employment and DPW is requesting a revision to the current contract amendment to properly staﬀ the WWTP. Based on recent experience, DPW does not believe that advertising higher level operator positions will yield any qualiﬁed applicants. There are two main reasons for this: 1) the City’s Administrative Unit salaries are lower than the market rate for treatment plant operators, and 2) there is a national shortage of licensed treatment plant operators. While the Administrative Unit Labor Contract is being negotiated this year, it will not be settled in time to meet immediate needs. In conversations with other municipalities that operate wastewater treatment plants and also with the NYSDEC, most are having diﬃculty ﬁnding qualiﬁed applicants, and many are turning to contracted operations. The proposed revision to the third contract amendment adds two full-time equivalent (FTE) contract operators through the end of 2024. Currently, staﬃng levels at the WWTP are so low that if an employee gets sick or takes a vacation, the plant struggles to provide adequate coverage. The additional cost of the contract amendment #3 revision is $171,600 for the period of July 1, 2024 through December 31, 2024, bringing the total contract cost in 2024 from $715,000 to $886,600. For the full 2025 budget year, the prorated cost will be $1,058,200 (in 2024 dollars). All remaining vacant WWTP staﬀ positions will need to be defunded to oﬀset the costs and keep the 2024 budget intact. At the projected 2025 levels, nearly 60% of staﬃng costs for the WWTP will be through contracted operations. KEY ISSUES IDENTIFIED The WWTP is owned by three municipalities and oversight is provided by the Special Joint Committee (SJC). The City of Ithaca DPW has responsibility for staﬃng and contracting any services for the plant. It is a highly regulated, critical facility that protects the water quality in Cayuga Lake, and there is no option to scale back operations. It must operate within the parameters set by the NYSDEC. In early 2023 when the second contract amendment for Camden was being prepared, DPW had several discussions with the SJC to discuss long-term options for staﬃng the WWTP. Five options were initially discussed and only three of those merit further discussion: 1.Hybrid Staﬃng Model—Continue contracting for supplemental staﬀ as we are currently doing. 2.Full City Staﬃng Model—Work toward full City staﬃng by adjusting salaries to market rate to attract and retain qualiﬁed employees. 3.Full Contracted Staﬃng Model--Move to fully contracted staﬃng operations with a NYSDEC approved company selected through an RFQ process. 33 Option 1—Hybrid Staﬃng Model The WWTP is currently operating under this model. With this latest contract revision, the City will be supplying 8.5 FTE positions, and Camden will be supplying 5 FTEs which include senior management and maintenance specialist positions. 1.modiﬁcations can be made through future contract revisions as needed. 2.Management and training of City staﬀ are provided by experienced professional contract personnel that bring best industry practices into our facility. 1.Labor issues arising from City employees being directly supervised by non managers. 2.Most expensive option in the long-term. The loss of any more City employees will require an increase in the WWTP budget since there are no more vacant positions to defund. It is unlikely that the City can attract experienced personnel, and additional staﬃng will need to be obtained through the contractor. 3.WWTP becomes a training ground where entry level city employees gain experience Option 2—Full City Staﬃng Model The City would increase treatment plant operator salaries to be competitive with market rates. Since there is a shortage of licensed operators nationwide, these positions are commanding higher salaries than currently oﬀered by the City. Camden would continue to provide management and other staﬃng support until new City employees were trained. 1.ain control of all WWTP staﬀ and pricing ﬂuctuations when contracts with an outside contractor are up for renewal. Cons: Market rate salaries may not be possible in the current City labor contract structure or civil service system. Creation of a new labor unit may be necessary. 2.Market rate salaries will likely cause salary compression issues in DPW management, which will have a ripple eﬀect in other City managerial positions. 3.Salary increases will not guarantee full City staﬃng due to the nationwide scarcity of trained operators. It could take several years to reach full staﬃng and training, and combined with overlapping contracted operations, will likely be the highest cost option in the near term. Option 3—Full Contracted Staﬃng Model This model is already used by many municipalities, and because of the shortage of licensed operators, more municipalities are turning to this option. Cayuga Heights operates their WWTP with this arrangement. 1.operators have greater corporate resources and ﬂexibility in providing staﬃng and shared services. Consolidated lab services and in-house technical specialists can be shared between various facilities which allows more eﬃciency in operating costs. 2.Because of operating eﬃciencies, contract operators require fewer staﬀ at each facility which oﬀsets the higher hourly billing rates for their employees. Contract cost is likely to be competitive with full City staﬃng cost. 3.Contract operators usually run multiple plants and provide greater experience and best practices to each individual plant. 34 Cons: 1.Existing City staﬀ at the WWTP will need to be absorbed by the contractor or reassigned to other positions within the City. 2.Contract renewals would be subject to market rates which are out of City control. 3.Contract renewal processes could result in a change of contractors and a subsequent loss of institutional knowledge. STAFF RECOMMENDATIONS 1.DPW management strongly recommends immediate approval of the revised contract with Camden to properly staﬀ the WWTP for the remainder of 2024. 2.DPW management recommends further discussion on long-term staﬃng options at the WWTP. The WWTP is a critical facility which has seen normal degradation of the physical infrastructure due to its age and a backlog of deferred maintenance. Regulatory requirements regarding wastewater treatment are becoming more stringent as new technology emerges. The City has been unsuccessful in attracting and retaining qualiﬁed personnel due to salary issues, which is exacerbated by a national shortage of experienced operators. DPW management believes that strong professional management and expertise is required at the WWTP at this time and has little conﬁdence that the City can hire qualiﬁed staﬀ in a timely or cost-eﬀective manner to meet the current challenges. For these reasons, staﬀ recommends Option #3, which other municipalities are also trending toward as they ﬁnd themselves in a similar situation. If Council agrees, staﬀ can begin researching options for reassignment of existing staﬀ and contracting strategies to mitigate the concerns listed above. QUESTIONS FOR COUNCIL 1.Does Council agree with staﬀ’s recommendations? 2.What additional information is needed from staﬀ (DPW, HR, Attorney) to help Council make a decision on long-term staﬃng options? BUDGET IMPLICATIONS & FUNDING The revision to contract amendment #3 will add $171,600 to our existing contract with Camden which runs through December 31, 2024. It covers additional contract staﬃng for the 6-month period from July 1, 2024 to December 31, 2024. Assuming the same contract staﬃng levels will remain in place for 2025, the prorated budget impact is $343,200. DPW will need to defund all currently funded vacant staﬀ positions to keep the revision budget neutral. The following table is in 2024 dollars and summarizes the costs. Full City Staﬀ 2024 Budget Contract #3 Revision Total Staﬃng Budget $1,520,000 $1,808,850 $1,791,700 Staﬀ #16.5 FTE 12.5 FTE (8.5 FTE ﬁlled)8.5 FTE City of Ithaca Staﬀ $1,093,850 $733,500 % of Total Staﬃng Camden Staﬀ #3 FTE Camden Staﬃng Cost % of Total Staﬃng NEXT STEPS 1.The immediate next step is to approve the revised contract amendment #3 with the Camden Group. 2.Because we are starting to plan for the 2025 budget, Council should indicate if staﬀ should provide more detail of long-term staﬃng solutions listed in the options presented earlier in this memo. 35 AMENDMENT #3 (Revised) OF CONTRACT FOR SERVICES Original Contract Title: Camden Group, Inc., Wastewater Treatment Plant Staffing Original Contract Period: Jan. 7, 2022 through June 30, 2022 1st Extension: July 1, 2022 through June 30, 2023 1st Extension (Revised): July 1, 2022 through December 31, 2022 2nd Extension: Jan. 1, 2023 through December 31, 2023 3rd Extension: Jan. 1, 2024 through December 31, 2024 Original Contract Amount: $60,000 First Amended Additional Contract Amount: $265,880 Unused First Amended Additional Contract Amount: ($139,813) Second Amended Additional Contract Amount: $656,160 Third Amended Additional Contract Amount: $715,000 Third Amended (Revision) Additional Contract Amount $886,600 This is a cost and scope revision to the third amendment to the original CONTRACT FOR SERVICES, First Amended Contract, and Second Amended Contract between: THE CITY OF ITHACA, a municipal corporation with offices at 108 East Green Street, Ithaca, New York 14850, hereinafter called “the City”, and Camden Group, Inc., with offices at 9008 State Route 13, Camden, NY 13316, hereinafter called "the Contractor", to modify the original and subsequently amended contracts referenced above, by expanding the services, which services are more fully outlined in Schedule A – Amendment #3 attached hereto and made a part hereof, and providing an additional $171,600 to the original Amendment #3 amount of $715,000 as fully outlined in Schedule B – Amendment #3 (Revised), for a total amount of $866,600. This third contract amendment revision provides additional funding for contract operations personnel due to a lack of City staffing to properly operate the facility. All other provisions of said CONTRACT FOR SERVICES shall remain in full force and effect unless modified and agreed to in writing by both parties. As required by the Contract, any applicable Certificates of Insurance must be updated and submitted by the Contractor and verified by the City of Ithaca. IN WITNESS WHEREOF, the parties hereto have executed or approved this Contract amendment on the dates appearing under their signatures. 36 CITY OF ITHACA: BY:____________________________ __________________ Deb Mohlenhoff, City Manager Date ______________________________ __________________ Michael Thorne, Supt. of Public Works Date CONTRACTOR: _____________________________ Date:_______________ Kenneth G. Scherrieble, President SS# or Federal ID #45-2229945 Approval as to Form: ___________________________ Date: __________________ City Attorney ___________________________ Date: ___________________ City Controller ___________________________ Date: _____________________ Mayor 37 SCHEDULE A—Amendment #3 Revised Scope of Services The existing Contract for Services dated January 7, 2022 and subsequently Amended Contracts between the City of Ithaca and Camden Group, Inc. is further amended as described below: Revised Scope of Services •Continue providing on-site managerial level staffing as described in Amended Schedule A dated July 1, 2022, with an extended duration through December 31, 2024. •Continue providing additional experienced contract operations personnel as available based on the labor categories described in Schedule B Amendment #3 (Revised). 38 SCHEDULE B—Amendment #3 (Revised) COMPENSATION AND TERMS & CONDITIONS Services will be billed on an actual Time and Expenses basis using the following rates: Grade 4A Plant/Project Manager: $125.00 per hour Grade 4A Asst. Plant/Project Manager: $125.00 per hour Maintenance Manager: $95.00 per hour Assistant Plant Manager: $100.00 per hour Mileage: $0.655 per mile Incidental Expenses: Actual Cost The original Amendment #3 Not-To-Exceed budget of $715,000 was established for January 1, 2024 through December 31, 2024 as follows, based on anticipated staffing allocation: Grade 4A Project Manager: 12 hrs/week x $125/hr x 52 weeks = $ 78,000 Plant Manager: 40 hrs/week x $125/hr x 52 weeks = $260,000 Maintenance Manager: 40 hrs/week x $ 95/hr x 52 weeks = $197,600 Assistant Plant Manager: 25 hrs/week x $100/hr x 52 weeks = $130,000 Mileage and incidental allowance = $49,400 The additional scope and cost for Amendment #3 (Revised) Not-To-Exceed budget is $171,600, starting July 1, 2024 through December 31, 2024 is based on the additional staffing allocation: 3A Operator: 20 hrs/week x $105/hr x 26 weeks = $ 54,600 Assistant Operators 60 hrs/week x $75/hr x 26 weeks = $117,000 Bringing the total cost of services for the original contract period to: $886,600 39 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Planning & Economic Development Shaniqua Lewis, TO:Common Council FROM:Rebecca Evans Director of Sustainability DATE:July 10, 2024 RE:Authorization to Apply for NYS Dept. Of Environmental Conservation Climate Smart Communities Grant CP#:N/A MEMORANDUM The City of Ithaca Common Council hereby authorizes Rebecca Evans, Director of Sustainability, an official or employee, to act on its behalf in submittal of an application through the Consolidated Funding Application for $2,000,000 to be used for the “Historically Black Center as a Blueprint for Resilience Hubs for Emergency Services” project 40 Authorization to Apply for NYS Dept. Of Environmental Conservation Climate Smart Communities Grant Whereas, the City of Ithaca has demonstrated its desire and commitment to be a leader in sustainability and social equity, as exemplified by the adoption of the Ithaca Green New Deal; and Whereas, the Ithaca Green New Deal adopted unanimously in June 2019 included a goal of community-wide carbon neutrality by 2030; and Whereas, in addition climate change mitigation, it is recommended that municipalities also prepare for adaptation to the effects of climate change, including flooding and extreme heat; and Whereas, the City of Ithaca has already experienced more severe temperature fluctuations resulting in extreme heat and inundation; and Whereas, best practices for climate resiliency and adaptation include the deployment of “Resilience Hubs”, where residents can access critical resources and infrastructure in the event of extreme heat, flooding, or a sustained power outage; and Whereas, the Southside Community Center is ideally suited to be such a community resource and continues to be a leader in the Ithaca Green New Deal; and Whereas, the City of Ithaca hereby requests financial assistance from the New York State Climate Smart Communities Grant Program pursuant to Environmental Conservation Law Article 54, Title 15; and Whereas, the City of Ithaca certifies that it has identified, at minimum, $400,000 of matching funds from the City of Ithaca’s FY23 and FY24 capital project fund, pursuant to the requirements of Environmental Conservation Law Article 54 Title 15; and Whereas, the City of Ithaca has also applied for Congressionally Directed Spending from Senator Chuck Schumer’s office in support of the proposed project in the total amount of $2,000,000; and Whereas, the project was included in the Senator’s recommended projects for Appropriations Committee review in June 2024; therefore be it RESOLVED, that the City of Ithaca Common Council hereby authorizes Rebecca Evans, Director of Sustainability, an official or employee, to act on its behalf in submittal of an application through the Consolidated Funding Application for $2,000,000 to be used for the “Historically Black Center as a Blueprint for Resilience Hubs for Emergency Services” project. 41 Carried 9-0 Alderperson Matos-Recused CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Planning and Development Shaniqua Lewis, TO:Common Council FROM:Rebecca Evans Director of Sustainability DATE:July 10, 2024 RE:NYS Department of State’s Environmental Protection Fund Smart Growth Community Planning and Zoning Grant Program CP#:N/A MEMORANDUM Authorization to Apply for NYS Department of State’s Environmental Protection Fund Smart Growth Community Planning and Zoning Grant Program 42 Common Council Proposed Resolution July 10, 2024 Authorization to Apply for NYS Department of State’s Environmental Protection Fund Smart Growth Community Planning and Zoning Grant Program WHEREAS, the City of Ithaca is committed to the principles of smart growth as it plans for its future, including those related to future land use, development, and transportation, and WHEREAS, the Common Council unanimously adopted Plan Ithaca, phase 1 of the City’s Comprehensive Plan, in September 2015, and several neighborhood-level phase 2 plans have been adopted or are currently underway, and WHEREAS, the comprehensive plan outlines a future for the city that is based upon the principles of smart growth, including specific recommendations related to: •Compact, mixed-use development; •Location of new housing along or in proximity to transportation corridors; •Vibrant, walkable commercial areas; •Multi-modal transportation network; •Protection of historic, natural, and cultural resources; and •Integration of green spaces and green infrastructure into the built environment, and WHEREAS several zoning districts have been amended to implement plan recommendations, but a comprehensive rewrite of the zoning ordinance is needed to update the City’s regulations to fully implement the comprehensive plan, and WHEREAS, the preparation of an updated zoning ordinance is an ideal project for the Environmental Protection Fund Smart Growth Community Comprehensive Zoning Grant, which helps fund “new or updated community wide zoning regulations for a town, village, or city that would implement an existing comprehensive plan that supports smart growth principles for the community,” and WHEREAS, the preparation of a new zoning ordinance will include a strong public participation process that will provide a variety of ways for members of the community to be involved in the project, share their feedback, and discuss related development approval processes, and WHEREAS, if awarded, the Comprehensive Zoning Grant would pay 90% of the eligible projects, and the City of Ithaca will contribute the remaining 10% to fully fund the preparation of an updated zoning ordinance; therefore be it RESOLVED, that the City of Ithaca Common Council fully supports the preparation of a new city-wide zoning ordinance that implements Plan Ithaca and incorporates zoning best practices and principles of smart growth, and be it further 43 RESOLVED, the City of Ithaca hereby requests financial assistance from the New York State Department of State’s Environmental Protection Fund Smart Growth Community Planning and Zoning Grant Program in the amount of $225,000 and commits to providing, at a minimum, $25,000 of matching funds for a total project of $250,000, and be it further RESOLVED, that the City of Ithaca Common Council hereby authorizes Megan Wilson, Deputy Director of Planning and Development, an official or employee, to act on its behalf in submittal of an application through the Consolidated Funding Application for $225,000 to be used for the “City of Ithaca Zoning Ordinance Rewrite” project. 44 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 City Manager's Office Shaniqua Lewis, TO:Common Council FROM:Deb Mohlenhoff, City Manager DATE:July 10, 2024 RE:Encampment Response Coordinator Position CP#:N/A MEMORANDUM Civil Service Commission approved the creation of the job description for the part-time, unbenefited, and unrepresented Encampment Response Coordinator (part-time) position 45 Ithaca Common Council Proposed Resolution Job Description - Encampment Response Coordinator Position WHEREAS, In December of 2023, the Common Council directed the future City Manager to develop an implementation plan for the framework they adopted for the non-enforcement area (area where camping is temporarily allowed on city lands) as well as a response protocol (enforcement policy) for encampments in restricted areas. WHEREAS, City Manager provided a draft response protocol to the Council in April of 2024. WHEREAS, Phases 1 and 2 are described in the work session memo provided to council. WHEREAS, the City has identified it crucial to hire Encampment Response Coordinator to fully execute Phase 1 or Phase 2 of the protocol. WHEREAS, Common Council has set-aside funding for both an Encampment Response Coordinator (part-time) now, therefore be it RESOLVED, that the Civil Service Commission approved the creation of the job description for the part-time, unbenefited, and unrepresented Encampment Response Coordinator (part-time) position as requested during the scheduled meeting held on June 5, 2024. RESOLVED, that the position of Encampment Response coordinator shall be derived from the A1210-5110 funding source line approved with the 2024 departmental budget. 46 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Attorney's Office Shaniqua Lewis, TO:Common Council FROM:Mayor Robert Cantelmo DATE:July 10, 2024 RE:Local Law- Good Cause Eviction Protections CP#:N/A MEMORANDUM Roll Call vote on the A Local Law Adopting Good Cause Eviction Protections in the City of Ithaca 47 A Local Law Adopting Good Cause Eviction Protections in the City of Ithaca WHEREAS, Article 6-A of the Real Property Law of the State of New York authorizes a municipality, acting through its local legislative body, to adopt the provisions of New York’s Good Cause Eviction Law by enacting a local law; and WHEREAS, the Common Council of the City of Ithaca desires to afford tenants within the City with the protections authorized by state law; and WHEREAS, Section 213 of the Real Property Law of the State of New York authorizes municipalities to vary certain default provisions of the Good Cause Eviction Law by local law; now therefore, BE IT ENACTED by the Common Council of the City of Ithaca as follows: Local Law No. 2024 – Section 1. Legislative Findings, Intent, and Purpose The Common Council makes the following findings: 1. The Common Council recognizes and values the rights of the many City residents who make their homes in rental properties. 2.The Common Council finds that the statewide Good Cause Eviction Law appropriately balances the rights of tenants and property owners and that adopting its provisions would protect tenant rights without unduly burdening the local rental market. 3. The Common Council finds that the default percentage of fair market value used to calculate the exemption threshold of the statewide Good Cause Eviction law does not appropriately reflect the rental market conditions of the City of Ithaca and should be adjusted as permitted by law. 4. The Common Council finds that the default definition of “small landlord” in the statewide Good Cause Eviction law does not appropriately reflect the rental market conditions of the City of Ithaca and should be adjusted as permitted by law. Based upon the above findings, the intent and purpose of this Local Law is to opt in to the Good Cause Eviction Law set forth at Article 6-A of the Real Property Law of the State of New York upon the terms described herein. 48 Section 2. Code Amendment Chapter 258 of the Ithaca City Code, “Rental Housing,” is hereby amended to add a new Article IV thereof, as follows: ARTICLE IV Good Cause Eviction Section 258-14 Short Title This Article may be cited as the “Good Cause Eviction Law.” Section 258-15 Purpose The purpose of this Article is to establish good cause eviction protections in the City of Ithaca pursuant to and in accordance with the provisions of Article 6-A of the Real Property Law of the State of New York. Section 258-16 Good Cause Eviction Protections Established A.Except as otherwise provided in this Article, all provisions set forth in Article 6-A of the Real Property Law and any amendments thereto are hereby adopted by the City of Ithaca. B.Pursuant to Section 213(2)(a) of the Real Property Law, for the purposes of this Article and notwithstanding any default provision to the contrary, any unit on or within a housing accommodation shall be exempt from the provisions of this Article if such unit has a monthly rent above 345% of fair market rent, as calculated as provided in Article 6-A of the Real Property Law. C.Pursuant to Section 213(2)(b) of the Real Property Law, for the purposes of this Article and notwithstanding any default provision to the contrary, the City of Ithaca defines “small landlord” to mean a landlord of no more than one unit anywhere in the state of New York. D.This Article shall be enforceable as set forth in Article 6-A of the Real Property Law. Section 3. Severability Clause. Severability is intended throughout and within the provisions of this Local Law. If any section, subsection, sentence, clause, phrase, or portion of this Local Law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Local Law. 49 Section 4. Effective Date. This Local Law shall be effective immediately upon filing in the office of the Secretary of State. 50 M E M O R A N D U M Date: June 7, 2024 To: Common Council From: Mayor Robert Cantelmo RE: A Local Law Adopting Good Cause Eviction Protections in the City of Ithaca EXECUTIVE SUMMARY Pursuant to Article 6-A of the Real Property Law of the State of New York, as amended by the enacted 2025 NYS Budget, the Common Council of the City of Ithaca is considering an opt-in to the Good Cause Eviction Law. LEGISLATIVE HISTORY AND LEGISLATIVE THEMES Ithaca is the second-most expensive small city in the United States and tenants are living under constant threat of unaffordable rent hikes, arbitrary non-renewal of their leases, and resulting displacement from their homes. Good cause protections have been debated extensively over the past ﬁve years. The previous two Councils supported the research and exploration of these protections, but the City Attorney’s office ultimately determined that the City was preempted by the Real Property Law of the State of New York, and other municipalities’ efforts to enact legislation were struck down in court. With the adoption of the FY2025 state budget, municipalities have been granted the ability to opt-in to protections now enshrined in NYS law. Adoption of this local law serves long-standing city policy objectives as well as this Council’s legislative priorities of providing safe and accessible housing for all. NEED FOR LEGISLATIVE ACTION While Good Cause Eviction protections were established statewide as part of the FY2025 state budget, municipalities must choose to opt into the program. PROJECTED IMPACT The proposed local law will establish good cause eviction protections in the City of Ithaca. Good cause for eviction is deﬁned as the following under New York State Law: •The tenant has failed to pay rent due, which did not constitute an unreasonable increase; •Violation of a substantial obligation of one’s tenancy; •Nuisance; •Occupancy of the housing accommodation is in violation of or causes a violation of the law; •Tenant is using or permitting housing accommodation for illegal purposes; •Tenant has unreasonably refused access to the landlord for making necessary repairs or improvements as required by law or for the purpose of showing the housing accommodation to a prospective purchaser; •Landlord seeks in good faith to recover possession of a housing accommodation for the landlord’s own personal use and occupancy as the landlord’s principal residence, or the personal use and occupancy as principal residence of the landlord's immediate family; 51 •Good faith efforts at demolition; •Good faith effort to withdraw the residence from the housing market; •Tenant fails to agree to reasonable changes to Alease at renewal. Furthermore, this legislation makes annual rent increases above ten percent or ﬁve percent plus the Consumer Price Index (whichever is lower) presumptively unreasonable to protect tenants against price gouging and strengthens legal protections for covered renters in eviction proceedings, where applicable. This law will apply to landlords with two or more units. Properties that are less than 30 years old or more than 345% of FMR are exempt from this proposed legislation. FEASIBILITY This legislation is enabled by New York State law and requires no action from the City beyond adoption. Tenants shall have a cause of action in any court of competent jurisdiction. BUDGET IMPLICATIONS & FUNDING There are no anticipated budgetary implications through the private cause of action available to tenants under the enabling legislation. PUBLIC FEEDBACK The Common Council will hold a public discussion on the proposed local law on June 12, 2024 in its special topics work session. The Council has also scheduled a public hearing as part of the June 20 study session. Members of the public will have time to observe, review, and comment on the proposed local law. NEXT STEPS The Common Council will review the draft local law in Committee of the Whole on June 12, 2024. A public hearing is scheduled for June 20, 2024. Staff will collect and summarize public comments for inclusion in the July 10, 2024 meeting of Common Council. 52 CITY OF ITHACA Good Cause Eviction FAQ What is the purpose of good cause eviction law? The proposed local law will regulate clear and consistent parameters for the landlord-tenant relationship, pursuant to Article 6-A of the Real Property law of the State of New York. This will provide clear guidance to the tenants as to the expectations set forth in the law to remain in good standing and guarantee a first-right- of-refusal for lease renewals. It will also provide guidance for landlords about the permissible reasons to evict or non-renew a tenant. Under this statute, each tenant in the City of Ithaca will be entitled to a renewal lease and protection against an unconscionable rent hike, unless the landlord can substantiate a good cause for the tenant’s eviction. The proposed legislation outlines common sense and practical grounds for eviction. A landlord must satisfy only one of the grounds for eviction before a judge may grant the warrant of eviction against the tenant. What are the proposed grounds for eviction? The proposed grounds for eviction are as follows: •The tenant has failed to pay rent due, which did not constitute an unreasonable increase; •Violation of a substantial obligation of one’s tenancy; •Nuisance; •Occupancy of the housing accommodation is in violation of or causes a violation of the law; •Tenant is using or permitting housing accommodation for illegal purposes; •Tenant has unreasonably refused access to the landlord for making necessary repairs or improvements as required by law or for the purpose of showing the housing accommodation to a prospective purchaser; •Landlord seeks in good faith to recover possession of a housing accommodation for the landlord’s own personal use and occupancy as the landlord’s principal residence, or the personal use and occupancy as principal residence of the landlord's immediate family; •Good faith efforts at demolition; •Good faith effort to withdraw the residence from the housing market; •Tenant fails to agree to reasonable changes to a lease at renewal Does this legislation disrupt the process by which a landlord secures a judicial warrant of eviction against a tenant? No, this legislation seeks to codify the grounds for eviction upon which Ithaca City Court judges rule. Is this rent control? No, the proposed legislation does not provide for rent control. Rent control limits rent rates in a city and most rent control legislation caps the maximum amount of rent that a landlord can charge a tenant for occupancy of a unit as well as the amount that the rent may be increased per year. No provision in the proposed good cause eviction legislation limits a landlord’s ability to increase rent. The proposed legislation does, however, prevent a landlord from evicting a tenant who fails to pay rent after a landlord has unjustifiably increased the rent. A landlord may justify a rent increase if the landlord has made improvements or repairs to the premises. If this legislation is enacted, will a landlord be able to evict a tenant that is creating a nuisance for other tenants or damaging the property? Yes, this legislation provides a landlord with the right to evict a tenant who causes a nuisance on the premises. Will this legislation prevent a landlord from increasing the rent if the landlord has made repairs or improvements to the premises? 53 No, nothing in this legislation will prevent a landlord from increasing rent charges to a tenant. If the landlord increases rent and the tenant fails to pay the increased rent, the landlord may commence an eviction based on the tenant’s failure to pay rent. The reason and the justification for the increase to the rent will be reviewed by an Ithaca City Court judge. If the landlord can justify the rent increase, the landlord will be entitled to a warrant of an eviction against the tenant. If, on the other hand, the landlord is unable to justify the rent increase, the fact that the increase is unjustified will present the tenant with a defense to the eviction proceeding. Will this legislation prevent a landlord from negotiating with their tenant to exit the property? No, nothing in this legislation will prevent a landlord from negotiating with their tenant. This legislation is aimed at codifying existing grounds for eviction in eviction proceedings. A tenant may agree to vacate the premises on terms that are agreeable to the landlord. Which properties are covered? The proposed local law applies to: 1.Landlords with more than one unit in New York State; 2.Properties at or below 345% Fair Market Rent as calculated by the U.S. Department of Housing and Urban Development; and 3.Per state law, Buildings for which a temporary or permanent certificate of occupancy was issued on or after January 1, 2009, for a period of thirty years following issuance of such certificate. Current New York Properties are often held by limited liability corporations. State LLC laws make it difficult to identify who owns which properties and therefore complicates a tenant’s ability to identify who owns which properties. Setting the limit at this lower threshold reflects the realities of the upstate NY housing market, while minimizing the risk of asymmetrical information for both parties to a contract. When does this legislation sunset? June 15, 2034 What is the legislative history of Good Cause Eviction Protections in Ithaca? •August 2021: The Common Council began deliberating proposed legislation prohibiting eviction without good cause.1 •September 2021: A draft prohibition of eviction without good cause legislation was drafted largely based on legislation adopted by the City of Albany and was under consideration by the NYS Senate. 2 •October 2021: A revised draft of the prohibition of eviction without good cause legislation was proposed based on feedback of Councilmembers, landlords, and tenants, which includes provisions for a Notice of Non-renewal, and required tenant acceptance of relocation assistance in the case of property sale or substantial renovation. 3 •February 2022: Common Council was briefed on the state of NYS tenant protections.4 •June 2022: The Supreme Court of Albany County ruled local good cause eviction preempted by state law. Policy stalled locally until the enabling legislation passed. •January 2023: Tompkins County Homeless and Housing Needs Assessment found that 5 o Length of time homeless is increasing in our continuum, up to 90 days on average as of 2020. o Returns to homelessness in Tompkins County are the highest of comparable CoCs at 32%, or close to a third of all individuals who exited to a permanent destination in 2020. 1 https://www.cityofithaca.org/AgendaCenter/ViewFile/Agenda/_08182021-2361 2 https://www.cityofithaca.org/AgendaCenter/ViewFile/Agenda/_09152021-2376 3 https://www.cityofithaca.org/AgendaCenter/ViewFile/Agenda/_10202021-2399 4 https://www.cityofithaca.org/AgendaCenter/ViewFile/Agenda/_02162022-2453 5 https://hsctc.org/wp-content/uploads/2023/01/Home-Together-Tompkins_Final.pdf 54 o Chronic homelessness is increasing, with 45% or almost half of our current population experiencing homelessness. o The outcomes for other populations, such as couch surfers, youth, and people of color, indicate a need for more purposeful engagement and referral to permanent housing destinations •FY2023-FY2024: Fair Market Rent for a one-bedroom apartment in Ithaca has increased by more than 12%,6 far outpacing real wage growth.7 •April 2024: NYS passed enabling legislation that was significantly less restrictive than both of the versions proposed by the Common Council. This protection, however, met Council’s goals of providing guardrails against price gouging and insecurity, ensures symmetrical information to both lessor and lessee, and adds needed stability to our housing market. •May 2024: Mayor Cantelmo circulated the City of Albany’s version of Good Cause Eviction opt-in to City staff for comment and review. A similar version was filed for consideration at a June Committee meeting of the Common Council. •June 2024: Common Council reviewed the proposed opt-in law, scheduled a public hearing on the proposed local law, and advanced that law to a July Council meeting by a vote of 9-1. 6 https://www.huduser.gov/portal/datasets/fmr/fmrs/FY2024_code/2024summary.odn 7 https://www.ithaca.com/news/ithaca/report-ranks-ithaca-dead-last-in-wage-growth-among-30-u-s-college- towns/article_508d87f6-e6d1-11ee-a5e6-af7e5ea76718.html 55 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Attorney's Office Shaniqua Lewis, TO:Common Council FROM:City Attorney's Office DATE:July 10, 2024 RE:A Local Law Clarifying the Authority of the Common Council, Mayor, and City Manager with Respect to Certain Department Heads CP#:N/A MEMORANDUM Roll Call vote on the Local Law Clarifying the Authority of the Common Council, Mayor and City Manager with Respect to the Certain Department Heads. 56 A Local Law Clarifying the Authority of the Common Council, Mayor, and City Manager with Respect to Certain Department Heads WHEREAS, on November 3, 2021, the Common Council passed Local Law No. 2022 – 07, as subsequently and overwhelmingly approved by the voters at referendum on November 8, 2022, and filed with the Secretary of State on December 23, 2022, thus restructuring the City to a Council-Manager form of government effective January 1, 2024; and WHEREAS, on October 8, 2023, the Common Council passed Local Law No. 2023 – 04, filed with the Secretary of State on October 25, 2023, to further implement the transition to a Council– Manager form of government by clarifying the role of the City Manager and the duties, authority, appointment, and removal of that position; and WHEREAS, as amended, Section C-5(C)(4) vests the authority to appoint certain department heads and other officers in the City Manager, subject to the approval of Common Council; and WHEREAS, Sections 22 and 26 of the Ithaca City Charter were not amended at the time of the passage of either Local Law 2022 – 07 or Local Law 2023 – 04, and now require revision to eliminate inconsistencies relating to the authority of the City Manager, Mayor, and Common Council with respect to certain department heads; now therefore, BE IT ENACTED by the Common Council of the City of Ithaca as follows: Local Law No. 2024 – Section 1. Legislative Findings, Intent, and Purpose The Common Council makes the following findings: 1. The Common Council, by Local Law 2022 – 07, created the position of City Manager to enable the City to engage a qualified professional to serve in the role of City Manager as the Chief Executive Officer with oversight for the administrative and executive functions of the City. 2.The Common Council, by Local Law 2023 – 04, further delineated the City Manager’s duties, authority, and the applicable appointment and removal procedures for the position. 3.The City Charter requires further amendments to fully implement the transition to the Council-Manager form of government and to eliminate inconsistencies therein relating to searches for, appointments of, and supervision of certain department heads. Based upon the above findings, the intent and purpose of this Local Law is to clarify the roles of the City Manager, Mayor, and Common Council with respect to certain department heads. 57 Section 2. Charter Amendments This Section 2 amends only the following provisions of the Ithaca City Charter, with the remainder of the provisions unchanged: (a)The text of Section 22 of the Ithaca City Charter, titled “Department heads, deputies and assistants”, is amended as follows: § C-22 Department heads, deputies, and assistants. A. The department heads of the City of Ithaca, as defined in § C-5C(2) and § C-5C(4) of this Charter, shall be vested with the following authorities and duties, subject to the powers and supervision of the City Manager (as described in § C-12B) and subject to the general legislative powers of the Common Council (as described in § C-35): (1) To appoint, discipline and remove as necessary, all subordinate officers and employees of their respective departments; (2) To direct and supervise the work of the officers and employees of their respective departments; (3) To organize and manage the work of their respective departments, and assign and transfer administrative functions, tasks and responsibilities within their respective departments, as is in the best interest of the City; (4) To exercise all powers and carry out all responsibilities vested in the office which the department head holds, on behalf of the City; (5) To make and authorize necessary expenditures to carry out the responsibilities of their respective departments, in accordance with authorized budgetary allocations and established financial procedures; (6) To exercise such other responsibilities and perform such other duties as may be prescribed by the Charter, state or local law, or assigned by the City Manager or Common Council. B. The deputy and assistant department heads of the City of Ithaca, as defined in § C- 5C(5) of this Charter, shall generally assist their superiors in the execution of their powers and duties and may perform such part or portion of such duties as designated by such superiors and, in the absence, inability or temporary vacancy of their respective superiors, shall act as such and, when so acting, shall have all the powers of such office. 58 (b)The text of Section 26 of the Ithaca City Charter, titled “Appointment of officers”, is amended as follows: §C-26 Appointment of officers. A. Those department heads of the City listed in § C-5C(4) of the Charter shall be appointed in accordance with the search process established in this section. B. Recruitment for vacant department head positions shall be conducted in accordance with current recruitment procedures and policies, including the Workforce Diversity Plan. C. A search committee for the vacant department head position shall be established by the City Manager and shall comprise the following individuals: (1) Three members of the Common Council, to be selected by the Common Council. If there is a lay board or commission that oversees the department in which the vacancy exists, the Council liaison to that board or commission shall be one of these three search committee members; (2) Three members of appropriate lay boards or commissions, to be selected by those boards or commissions; (a) The City Manager shall designate the appropriate lay boards or commissions. (b) In light of the historical and contractual relationship between the City and the Board of Directors of the Greater Ithaca Activities Center, Inc., three members of the Board of Directors of the Greater Ithaca Activities Center, Inc., shall fulfill this role on the search committee for the Greater Ithaca Activities Center Director. (c) In the absence of appropriate lay boards or commissions, the City Manager may appoint three other appropriate individuals, which could include a member or members of City staff, to fulfill this role. (3) One person with professional experience in the job area at issue, to be appointed by the City Manager; (4) Except when the appointment is to the position of Director of Human Resources, the Director of Human Resources, as a nonvoting member. The Director of Human Resources shall facilitate the search process; (5) A representative of the Workforce Diversity Advisory Committee, to be selected by the Workforce Diversity Advisory Committee, as a nonvoting member; 59 (6) Other nonvoting members as the City Manager deems necessary and appoints. D. The search committee shall follow and comply with all current interviewing and selection policies and procedures, as well as all local, state, and federal laws, rules, and regulations concerning hiring practices and procedures. E. Following candidate interviews and related selection processes, the search committee shall select a minimum of two candidates as finalists, and shall forward their names in rank order to the City Manager for consideration. F. The City Manager shall either make a selection from the candidates who were forwarded by the search committee or request that the search be reopened, if appropriate. G. Following the selection of a candidate, the City Manager shall forward the candidate's name and proposed salary to Common Council for consideration. An appointment made pursuant to this section shall be deemed to be made upon approval by a majority vote of Common Council. H. An appointment made pursuant to this section shall be for an indefinite term. I.Upon request of the City Manager, and with the affirmative vote of 2/3 of the Common Council, this search committee procedure may be waived and the City Manager may make an appointment directly, with the approval of Common Council by a majority vote. For the position of Greater Ithaca Activities Center Director, the affirmative vote of 2/3 of the Board of Directors of the Greater Ithaca Activities Center, Inc., shall also be required to waive this search committee procedure and to approve the direct appointment. Section 3. Severability Clause. Severability is intended throughout and within the provisions of this Local Law. If any section, subsection, sentence, clause, phrase, or portion of this Local Law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Local Law. Section 4. Effective and Operative Date. This Local Law shall be effective immediately upon filing in the office of the Secretary of State. 60 Page 1 of 2 MEMORANDUM To: Common Council From: Victor Kessler, Acting City Attorney Date: May 17, 2024 Re: Local Law Clarifying Council/Mayor/Manager Roles with Respect to Department Heads Council Members, Accompanying this memorandum you will find a proposed local law amending Sections C-22 and C-26 of the Charter. This memorandum is intended to explain the context for the current proposal and the proposed changes themselves. In 2021, Common Council passed Local Law No. 2022 – 07, transitioning the City to a Manager/Council form of government. The voters overwhelmingly approved the change at a November 2022 referendum, and Common Council subsequently passed Local Law No. 2023 – 04, which further clarified the parameters of the City Manager position. As relevant here, the local laws transferred executive and administrative authorities that had previously been vested in the Mayor to an appointed City Manager, who is selected and overseen by Common Council. On January 1, 2024, the changes went into effect. During the revision process, it appears that two sections of the City Charter were inadvertently left unamended. Section C-22, “Department heads, deputies, and assistants,” contains references to the supervision of and assignment of duties to department heads. Section C-26, “Appointment of officers,” provides the process for the selection of certain department heads. Both of those sections should have been amended to clarify that, under the new system, it is the City Manager and not the Mayor that exercises those powers. It is important to note that this proposed local law is intended to eliminate the inconsistencies between provisions rather than grant new authority to the City Manager; the substance of the changes was already reflected in provisions that were amended in the previous two local laws. For example, C-5(4) provides that the relevant department heads are “appointed by the City Manager with approval of Common Council” rather than by the Mayor; C-11(A) provides that the Mayor “shall have no administrative duties”; and C-12(B) provides that the City Manager is the “Chief Executive and Administrative Officer of the City” with the authority, among other things, to “appoint…department heads” and to “exercise constant supervision over the conduct of all subordinate officers.” This local law will simply remove the discrepancies between those sections of the Charter which were amended and those which were not, eliminating a source of possible confusion. CITY OF ITHACA 108 East Green Street Ithaca, New York 14850-5690 OFFICE OF THE CITY ATTORNEY Victor J. Kessler, Acting City Attorney Telephone: 607/274-6504 Robert A. Sarachan, Assistant City Attorney Fax: 607/274-6507 Catherine E. M. Muskin, Assistant City Attorney 61 Page 2 of 2 A redline reflecting the proposed changes is attached to this memorandum. Because this is a local law rather than an ordinance or a resolution, a public hearing is required and will be scheduled at the next available opportunity. Please do not hesitate to contact me if you should have any questions regarding the proposed law or the context behind it. Sincerely, Victor Kessler Acting City Attorney 62 § C-22 Department heads, deputies, and assistants. A. The department heads of the City of Ithaca, as defined in § C-5C(2) and § C-5C(4) of this Charter, shall be vested with the following authorities and duties, subject to the powers and supervision of the City ManagerMayor (as described in § C-121B(1)(b) and § C-11B(6), respectively) and subject to the general legislative powers of the Common Council (as described in § C-35): (1) To appoint, discipline and remove as necessary, all subordinate officers and employees of their respective departments; (2) To direct and supervise the work of the officers and employees of their respective departments; (3) To organize and manage the work of their respective departments, and assign and transfer administrative functions, tasks and responsibilities within their respective departments, as is in the best interest of the City; (4) To exercise all powers and carry out all responsibilities vested in the office which the department head holds, on behalf of the City; (5) To make and authorize necessary expenditures to carry out the responsibilities of their respective departments, in accordance with authorized budgetary allocations and established financial procedures; (6) To exercise such other responsibilities and perform such other duties as may be prescribed by the Charter, state or local law, or assigned by the City ManagerMayor or Common Council. B. The deputy and assistant department heads of the City of Ithaca, as defined in § C-5C(5) of this Charter, shall generally assist their superiors in the execution of their powers and duties and may perform such part or portion of such duties as designated by such superiors and, in the absence, inability or temporary vacancy of their respective superiors, shall act as such and, when so acting, shall have all the powers of such office. 63 § C-26 Appointment of officers. A. Those department heads of the City listed in § C-5C(4) of the Charter shall be appointed in accordance with the search process established in this section. B. Recruitment for vacant department head positions shall be conducted in accordance with current recruitment procedures and policies, including the Workforce Diversity Plan. C. A search committee for the vacant department head position shall be established by the City ManagerMayor, and shall comprise the following individuals: (1) Three members of the Common Council, to be selected by the Common Council. If there is a lay board or commission that oversees the department in which the vacancy exists, the Council liaison to that board or commission shall be one of these three search committee members; (2) Three members of appropriate lay boards or commissions, to be selected by those boards or commissions; (a) The City ManagerMayor shall designate the appropriate lay boards or commissions. (b) In light of the historical and contractual relationship between the City and the Board of Directors of the Greater Ithaca Activities Center, Inc., three members of the Board of Directors of the Greater Ithaca Activities Center, Inc., shall fulfill this role on the search committee for the Greater Ithaca Activities Center Director. (c) In the absence of appropriate lay boards or commissions, the City ManagerMayor may appoint three other appropriate individuals, which could include a member or members of City staff, to fulfill this role. (3) One person with professional experience in the job area at issue, to be appointed by the City ManagerMayor; (4) Except when the appointment is to the position of Director of Human Resources, the Director of Human Resources, as a nonvoting member. The Director of Human Resources shall facilitate the search process; (5) A representative of the Workforce Diversity Advisory Committee, to be selected by the Workforce Diversity Advisory Committee, as a nonvoting member; (6) Other nonvoting members as the City ManagerMayor deems necessary and appoints. 64 D. The search committee shall follow and comply with all current interviewing and selection policies and procedures, as well as all local, state, and federal laws, rules, and regulations concerning hiring practices and procedures. E. Following candidate interviews and related selection processes, the search committee shall select a minimum of two candidates as finalists, and shall forward their names in rank order to the City ManagerMayor for consideration. F. The City ManagerMayor shall either make a selection from the candidates who were forwarded by the search committee or request that the search be reopened, if appropriate. G. Following the selection of a candidate, the City ManagerMayor shall forward the candidate's name and proposed salary to Common Council for consideration. An appointment made pursuant to this section shall be deemed to be made upon approval by a majority vote of Common Council. H. An appointment made pursuant to this section shall be for an indefinite term. I. Upon request of the City ManagerMayor, and with the affirmative vote of 2/3 of the Common Council exclusive of the Mayor, this search committee procedure may be waived and the City ManagerMayor may make an appointment directly, with the approval of Common Council by a majority vote. For the position of Greater Ithaca Activities Center Director, the affirmative vote of 2/3 of the Board of Directors of the Greater Ithaca Activities Center, Inc., shall also be required to waive this search committee procedure and to approve the direct appointment. 65 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Planning & Economic Development Shaniqua Lewis, TO:Common Council FROM:Lisa Nicholas DATE:July 10, 2024 RE:Mayor Appointments- Planning Board CP#:N/A MEMORANDUM Appointment to Planning Board Chair- Emily Petrina 66 Mayoral Appointments to the Planning Board RESOLVED, that Emily Petrina, be appointed to the Planning Board as Chair starting August 27th 2024 for a three year (3 ) term to expire December 31st 2026. 67 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 City Manager's Office Shaniqua Lewis, TO:Common Council FROM:Mayor Robert Cantelmo DATE:July 10, 2024 RE:Mayoral Appointment-2024 Working Group IAWWTF CP#:N/A MEMORANDUM 2024 Working Group for Long-Range Strategic Management Planning for the Ithaca Area Wastewater Treatment Facility- Discussion 68 2024 Working Group for Long-Range Strategic Management Planning for the Ithaca Area Wastewater Treatment Facility WHEREAS, on June 20, 2024, the Common Council of the City of Ithaca debated a time-critical revision to the Contract staffing for the Wastewater Treatment Plant Operations; and WHEREAS the Wastewater Treatment Plant is owned by three municipalities and oversight is provided by the Special Joint Committee (SJC); and WHEREAS the City of Ithaca Department of Public Works has responsibility for staffing and contracting any services for the plant, a highly regulated, critical facility that protects the water quality in Cayuga Lake; and WHEREAS there is no option to scale back operations, which must operate within the parameters set by the NYSDEC; and WHEREAS beyond the immediate staffing needs, the Common Council and the administration finds it desirable to identify a long-term solution to the operational and staffing needs of the plant, now therefore be it RESOLVED that the Mayor establish a Working Group for Long-Range Strategic Management Planning for the Ithaca Area Wastewater Treatment Facility comprised of two Members of the Common Council, one additional member of the SJC, and three members of City Staff, with a mandate to deliberate how best to respond to the long-range staffing and operational needs of the plant, including (1) maintaining the status quo staffing model, (2) fully city staffing the planet, (3) fully contracting the staffing of the plant, or (4) establishing the plant as an independent public authority, and be it further RESOLVED that the Mayoral appointments for this working group be: Alderperson Clyde Lederman (Co-Chair) Alderperson Kayla Matos Special Joint Committee Member [ ] And be it further, RESOLVED that the City Manager’s appointments for this working group be: Superintendent of Public Works Michael Thorne (Co-Chair) Assistant Superintendent of Public Works for Water and Sewer Scott Gibson Assistant City Attorney Catherine Muskin And be it further RESOLVED that this working group shall set its own meeting schedule, but shall serve no longer than December 31, 2025 without legislative reauthorization, and be it further RESOLVED that the Chairs or their designees will provide a monthly report on the working group’s progress at the Special Topics Work Session Committee of the Whole Meeting. 69 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 City Manager's Office Shaniqua Lewis, TO:Common Council FROM:Deb Mohlenhoff City Manager DATE:July 10, 2024 RE:City Manager Monthly Report- Month of July CP#:N/A MEMORANDUM Monthly Report to Common Council -July 2024 City Manager Strategic Themes Update - July 2024 70 M E M O R A N D U M Date: July 10, 2024 To: Common Council From: Deborah Mohlenhoff, City Manager RE: Monthly City Manager Report for July 2024 I am pleased to provide this monthly report to Council that will serve as an opportunity to highlight the work of our city departments and give key updates on ongoing initiatives. Also, attached to this report is a tracking form that provides updates on the City Manager ’s work mapped to the Strategic Themes set by council at their Legislative Retreat. City Attorney Assistant City Attorney job is posted and a search to fill that role is moving forward. Greater Ithaca Activities Center (GIAC) GIAC is partnering with the Tompkins County Public Library for a summer reading program. The program is for ages 7-11 and there are a maximum of 20 spots for this program. The program will take place every Thursday from 4pm-5pm (during after-camp care hours). There will be one trip to the library for a tour and presentation . Human Resources •The state Department of Civil Service will be visiting Ithaca in August to provide joint training for city and county staff. •The Employee Engagement committee is working on an employee appreciation celebration event. •The HR department completed a round of stay interviews for the Controller and Chamberlain's office. Planning & Development Commercial Kitchen Progress: The project is about halfway through a quiet phase of the capital campaign to raise $200,000 from private individuals which will unlock $150,000 in funding from the Tompkins County Development Corporation for equipment and trigger execution of the lease a greement. Please see the attached pitch deck. Please let Lisa know if you have any questions. We could also arrange a tour of the kitchen space sometime for anyone interested. It has been a pleasure to support this transformative project which is now very close to being able to open its doors this year. 71 The City’s role has been the following: •Lisa has been advising and supporting the group working on establishing the kitchen. •This project is part of the City’s Small-Scale Manufacturing Initiative and received several thousand dollars in City ARPA funding to provide early-stage start-up support. •The IURA has supported the project with two small grants – one for $5,000 to support the creation of the feasibility study, and one for $32,500 to provide rent subsidy to LMI microenterprises. Project website: https://www.sharedkitchenithaca.com/ •We kicked off a project to evaluate the benefit of the City’s participation in the Community Rating System Program (CRS). The program offers reduced rates for flood insurance to participating communities. We will be working with our consultant, Barton & Logiudice, over the next several months. Look for an update in late fall 2024. •We are thrilled to welcome our new grant administrator, Emma Terwilliger Recckio. She will be starting in late August. •Historic preservation Grant Awards: The City was awarded two Certified Local Government (CLG) Grants. One will support the first phase of the development of a Statewide LBGTQ Historic Context Statement, which will make it easier for sites associated with LBGTQ history to gain recognition through listings on the State and National Registers of Historic Places. The other will fund the resurvey and boundary revaluation of the local and NR-listed DeWitt Park Historic District. In general, this project will regularize the district boundaries and ensure all properties within the local district have access to the state and federal historic preservation incentive programs. Specifically, the project will help the new owners of 408 N. Tioga St. (the "Red House") convert the house back into a single-family home by providing access to the State Historic Homeownership Rehabilitation Tax Credit. Both projects will be cost-neutral for the City. The local "match" for the Statewide LBGTQ Historic Context Statement is a small amount of staff time to administer the grant and an internship stipend from the CRP Department at Cornell. The local match for the DeWitt Park Project is also staff time, donated services from Historic Ithaca, and another internship stipend from CU's CRP Program. Ithaca Fire Department •Anticipate six firefighters starting on July 8, 2024. Waiting for final medical evaluations. •Firefighter Oliver Dragojevic completed a Bachelor's degree from SUNY Brockport in Public Health Education with a capstone focus on emergency response and disaster preparedness. •Three members attended the International Association of Fire Chief’s Hazmat Conference in Baltimore. Most of the conference cost was paid for with a grant from NYS Division of Homeland Security and Emergency Services (DHSES.) •Four members attended the NYS Technical rescue conference. Members brought back information on the latest tech rescue techniques. 72 •Members of Ithaca Fire and other regional departments completed an Interior Shoring class offered by NYS Office of Fire Prevention and Control. This will aid in responses involving structural collapse. •Construction on East Hill Fire Station continues. After much complex site work, most of the foundation is in and the block walls for the apparatus room is being built. •Took delivery of two specialty hazmat meters. ($96,250.) A grant from Tompkins County Recovery contributed $45,900. DHSES funds contributed $40,000. Local contribution was only $10,350. •Members of IFD participated in the Tompkins Airport Full-Scale Drill. As a mutual aid partner, IFD’s is required to participate in the Federal Aviation Administration (FAA) drill every three years. •Members of IFD attended the opening ceremony for the Special Olympics at Ithaca College. Kudos to IPD Lt. Barry Banfield for his organizational efforts and dedication to this event! Ithaca Police Department •We would like to highlight community IPD recruitment. The test sign-up is open through August 29th. IPD encourages people to go to the Ithaca recruitment website for information and complete our candidate interest form to be contacted by the recruitment team. •IPD partnered with the CJC for our second community healing conversation on June 13 at the URO office on Martin Luther King Blvd (502 West State). The next one is scheduled for September 12th. •Three of our new police recruits are back from the academy and in the Field Training Program. •The Community Police Board has established a new link for Compliments or Complaints on their page at www.cityofithaca.org/379/ Ithaca Youth Bureau Parks •Renovations have been completed on the Cass Park Pool and it will open to the public on Monday, July 1st. •Avery Ellis has joined our team as a full-time Recreation Facility Maintenance Worker! •NYS Senator Leah Webb held a press conference to celebrate the allocation of $300,000 in state funding to support bathroom and cold storage renovations at Cass Park's Union Fields. 73 Youth Programs •Two members of our Big Brother Big Sisters team attended the BBBS National Conference in Dallas, TX, bringing back a wealth of ideas to incorporate into our program. •College Discovery Program is celebrating their 8 graduating seniors who have all either committed to a college or will be pursuing additional career and technical experience. Thanks to CDP's Boosters, each of the graduates received a new laptop to support their future pursuits. Th e current middle school cohort of 23 students is gearing up for the annual Summer Academy, a trip to Boston, and will be exploring their individual strengths utilizing the Clifton StrengthsQuest Assessment. •Outings has been running school programs 5 days per week: Pathfinders, Explorers, Trailblazers, and Airborne Adventures all of which were at full capacity. Explorers and Trailblazers spent time canoeing, hiking, zip lining, exploring natural areas, and prepping for a camping trip to Darien Lake State Park. •Paul Schreurs Memorial Program held a Juneteenth celebration-themed family dinner with great food and great attendance. Program graduates along with their families and friends will have a special celebration at La Tourelle. •Youth Employment Services has been busy orienting and onboarding the 170+ teen participants who received summer job placements. •IYB co-sponsored this year's Playdate in the Park at Stewart Park with the Child Development Council. Despite the heat, there was great attendance. Recreation •The Ithaca Bike Rental is open and operating on summer hours. The program has collaborated with GIAC and Bike Walk Tompkins for Senior Rides this month and is collaborating with Cornell Outdoor Education for one of their biking programs. •Summer Recreation programming including full and half day camps, tennis, softball, pottery, music, and more, will be in full swing starting July 1st. Over 1,200 registrations for summer programs have been processed so far. •The Recreation Partnership has approved an MOE + 2% budget for 2025, pending the approval of the County in their budget process. This will allow for additional recreation programs to be added to our 2025 offerings. •Recreation Support Services offered a number of programs for youth and adults with disabilities including trips to D&K Ranch, a Cayuga Lake boat tour, Syracuse Mets baseball, and several state parks. RSS will be providing 14 Inclusion Specialists to support youth with disabilities a t our Cass and Stewart Park Day Camps this summer. Public Works Superintendent •Held flood mitigation progress meeting with City, B&L, FEMA, and DHSES. Schematic design work continues. •Presented flood mitigation overview to Senator Gillibrand’s staff with the City Manager and Mayor. 74 Engineering •Design continues for Stewart Ave bridge over Fall Creek (deck replacement) and N Cayuga St bridge over Fall Creek (full replacement) •Black Diamond Trail bridge over Flood Control channel complete, ribbon cutting today •In design for trail extension from there to the Kirby Edmonds bridge over Rt 13 and the Town of Ithaca's Gateway trail, including access to Buttermilk Falls state park •Planning July ribbon cutting for the new GIAC teen rec center (old Immaculate Conception gym) •Finishing Cass Park pool renovations, pool opens on Monday. •In design development for Cass Park pavilion and bathroom building replacement project •Hector Street over Linderman Creek culvert replacement, adding extensive paving to the scope of work •Safe Streets and Roads for All project created a project website and interactive map to report safety concerns. www.safestreetstompkins.com •Active Transportation Network Plan starting public engagement. •Refining draft Design Report for Route 13/Cayuga Waterfront Revitalization project (BUILD grant). Design Approval to follow. •Awarded construction contract for an addition to the large pavilion in Stewart Park to house IYB summer camp equipment. •Stewart Park Splash pad substantially complete. •Dryden road garage repairs are underway. Streets & Facilities •Completed 100blk. Short St. & 100blk. Franklin St. Paving •Started 2024 Mill & Pave contract with Contractor (Suit-Kote) •Completed stormwater work on Warren Place & Ithaca Rd. •Continue with 200 blk Franklin St. Paving •Completed Fence repair along N. Cayuga St. •Continue with repair of utility ditches (throughout City) Water & Sewer •Service terminations at 312 S. Plain Street •Hired new Working Supervisor •Advertised for an FMA, Admin Assistant and WW Treatment Operator •Continued water main replacement on E Seneca Street between Stewart and Schuyler Pl •Received and rejected pump bids for Buffalo Street Pumping Station. Will rebid. •Steel water tank inspection project using underwater ROV. Report forthcoming. •Installed hydrant on Cayuga Street in anticipation of splash pad water main service work •Elm Street and Chestnut Street valve replacement •510 First Street Building Renovation meeting kickoff and division conceptual meetings •NYSEG Coal Tar Meeting to discuss siting of future WWTP gas flare •Strategic planning for WWTP shut down to replace sluice gates 75 Parking & Commons •The Dryden Road Garage construction project is progressing nicely and is on track to be completed on - time for Fourth of July week •Our new collections program (with respect to parking tickets issued by the Community Service Officers) along with the ongoing booting operation, generated over $35,000 for the City in the past month •A new pump has been ordered and its installation has been contracted for the water feature on the Commons-it should be operational very soon •Repurposed a Designa Garage validation machine from the Tompkins Cortland Community College annex to the new Conference Center giving them the ability to offer their guests complimentary parking (the Conference Center will be billed for its use on the backend much like the downtown Hotels) •We've stepped up routine patrols of the Green Street garage and the new Asteri Building and Conference Center in response to a marked increase in maintenance and trash/waste issues 76 City Manager Action Items – 7/10/24 Updates This document is a merger of the City Manager’s original 100-day plan and the Strategic Themes set by council at their Legislative Retreat. Items that were completed on the 100-day plan have been removed. Remaining items have been sorted into the council's strategic theme categories. Legislative priorities assigned to staff have also been added to this document. CLIMATE JUSTICE, RESILIENCE, & SUSTAINABILITY -Mitigate impacts of climate change and develop plans for resilience while prioritizing climate justice communities. Goal/Action Item Progress/Action Taken Other Notes/Updates Pass Justice 50 -Framework passed at council -capital projects committee developed matrix and timeline for incorporating J50 into CP process SOCIAL HEALTH & BELONGING -The City of Ithaca works to make sure that every person, regardless of race, religion, sex, sexuality, nation of origin, or socioeconomic status is a part of a vibrant community. Every person should have access to economic stability, community cohesion, vibrant and beautiful neighborh oods, educational opportunities, and accessible healthcare. Goal/Action Item Progress/Action Taken Other Notes/Updates Start collaboration with Collegetown BID Staff directed to write memo -Staff prepare short memo on what has been done to date to create a BID in Collegetown NO UPDATES Ensure effective delivery of new Commitment to Equity and Justice statement to all departments and explore a required diversity training component to employee onboarding process -WDAC and HR Director are working on a plan for rollout -Identifying use of budget dollars set aside in 2024 budget for implementation of the diversity statement -HR Director has integrated this into the HR Strategic workplan -HR Director is developing training to be delivered to Senior Staff NOTE: merged two goals as they will ultimately be part of the same initiative 77 EFFECTIVE, TRANSPARENT, & COLLABORATIVE GOVERNMENT -A government that provides regular, timely information to the public on progress, opportunities, and challenges; collaborates with municipal and institutional partners to deliver cost-effective services; and offers clear processes and rationales for decision-making. Goal/Action Item Progress/Action Taken Other Notes/Updates Reestablish Advisory Boards -first meeting set for 6/4/24 -at first meeting CM will give history and catch group up on previous work completed These updates will now be provided by the working group chair. Staff are here to support this work as needed. Invite Council to participate in Capital Planning; Create a framework for capital spending/prioritization built from needs study -reviewed preliminary list of submitted items at Dept. Heads meeting -CP committee set meetings -CP presentation to Council is Sept. 25 Capital project process is dictated in the City Code: https://ecode360.com/8385913 Continue to identify process changes needed to switch to Council-Manager form of government -Legislation included for 6/20 meeting to adjust charter/code for identified minor inconsistencies COMPLETED Hire a new Controller (Pro-Nexus, a consulting firm, is working on the search process) -appointed temporary employee to provide general staff support to the office -working on a contract for an outside consultant to review job description and organizational structure -have a lead on an interim controller through GFOA Design a new budget process and present to Common Council & staff for feedback -held initial meeting with OpenGov -providing data to OpenGov to build out pages and bridge the MUNIS system to OpenGov -sent survey to staff asking for ideas and input into the budget -sent survey to council for budget input -when implemented, this will allow staff, Council, and the public to view real time budget data both for the city as a whole as well as per department -design of an entirely new process will be completed for the 2026 budget process; 2025 will be similar to previous process while we manage staffing and other changes Review all labor contracts and determine if there are any changes needed to come in line with the more recently negotiated contracts; review management compensation plan and recruitment practices -regular meetings set for negotiations team -proposal for management compensation plan and will be presented in August -reviewed Admin contract to begin drafting City proposal (Admin contract up Dec 31, 2024) EFFECTIVE, TRANSPARENT, & COLLABORATIVE GOVERNMENT (cont’d) 78 Determine final structure for the PIT/Clerk office -analyzing both legislative and civil service pathways and will send related job descriptions to CSC (Civil Service Commission) and bring legislative changes back to council (likely in September) Establish a city website working group to conduct comprehensive redesign of city’s website and design process for regular content review and updates -no progress to report -need additional staff to manage website redesign -will be addressed with PIT reorganization NO UPDATES Work with staff to identify additional processes or policies that need to be modified or created -HR director developed a new manual to be distributed at employee onboarding -slated for summer Department Heads meeting EXAMPLE MODEL: https://tompkinscountyny.gov/ctyadmin/policy/index Establish a position that is dedicated to managing the City’s brand, media relations, social media strategies, public information strategies, and crisis communication. -will be part of discussion about PIT department reorganization NO UPDATES Develop a supervisor’s support system to ensure that employees are receiving regular feedback -holding a Senior Staff summer retreat to identify needs and brainstorm desired trainings and supports Identify ways to integrate performance measures into the City Budget process -reviewing the county’s use of OpenGov for budgeting and KPIs ONGOING Develop a citywide survey for feedback from the public -no progress to report NO UPDATES Hiring an Executive Assistant to the City Manager -employee started 5/22 COMPLETED COMMUNITY DEVELOPMENT & ECONOMIC VITALITY 79 -The City will strive to be fiscally sound, multi-resourced, diverse, and affordable for all renters and property owners, while balancing available funding with sensible spending. Goal/Action Item Progress/Action Taken Other Notes/Updates Reevaluate CIITAP -staff work is completed unless council wishes to take any action at a later date COMPLETED Host listening sessions with business leaders, non- profits, local leaders of color, etc. -will work on this when Exec Asst. is in place to help coordinate logistics NO UPDATES SAFE & ACCESSIBLE HOUSING -Increase housing access, quality, stability, and sustainability across a range of incomes and housing types, with equitable a vailability in neighborhoods throughout the city Goal/Action Item Progress/Action Taken Other Notes/Updates Implement a comprehensive approach to serving unhoused population -10 encampments have been posted and removed; occupants voluntarily relocated -met with OAR, REACH, and Second Wind and IPD, DPW, and CARE team to review response protocol and make any needed modifications; the city is reliant on these agencies as a partner for effective engagement with encampment residents -Bridge to Shelter working group continuing to meet - working on strategies for a ‘Navigation Hub/Outreach Center’ and low-barrier shelter (the Navigation hub would be a better option than temporary amenities in the non-enforcement area.) -City staff met with SOS team ($5 million grant to Cortland Catholic Charities/RSS) to assist as they start-up the program to service Tompkins County -Encampment Response Coordinator position on July agenda to add to the roster (funded at $37,000 – part-time, no benefits) Continue work on adopting STR & ADU legislation -ADU work is close to completion STR – COMPLETED ADU - ONGOING 80 MOBILITY, ACCESSIBILITY, & INFRASTRUCTURE -Respond efficiently to community infrastructure needs & ensure safe and accessible streets and sidewalks for all. Goal/Action Item Progress/Action Taken Other Notes/Updates Innovating solutions to address snow and ice maintenance -Staff will prepare memo for Council on background -Schedule discussion at upcoming Council meeting NO UPDATES Design implementation plan for SeeClickFix -Pilot program is ongoing; only using it for existing ‘request tracker’ categories -working on public marketing campaign NO UPDATES Live link: https://www.cityofithaca.org/772/SeeClickFix -repurposed Commons position will be key to expanding the use of SeeClickFix for reporting Submitted as part of the City Manager’s report for the July 10, 2024, meeting of Common Council 81 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Controller's Office Shaniqua Lewis, TO:Common Council FROM:Controller's Office DATE:July 10, 2024 RE:City Controller's Report- Month of July CP#:N/A MEMORANDUM Report from Acting City Controller Scott Andrew- 2023/2024 Financial Items 82 Controller’s Report to Common Council 7/10/24 Our office is still busy closing out 2023, which will take us until July 2024. In addition, we are busy catching up on the financial reporting for 2021 and 2022. The 2021 financial audit is in progress with the plan of completing that as soon as possible. We are making good progress. We will then move onto the 2022 audit work with the estimated completion date of December 2024. Also, we are trying to fill our open positions in the Finance Department. We have an open position in the Chamberlain’s office and two open positions in the Controller’s Office. It’s currently a difficult hiring environment. We have temporary assistance working on audit work. In addition, we have Steve Thayer assisting us in his retirement, but his time is limited due to NYS pension requirements regarding earnings in retirement. We have many new staff members in the Chamberlian’s Office and training those members and doing the daily work is difficult. That’s the reason for the limited hours in the Chamberlain’s Office currently. A small piece of good news, we are working to improve relations with City taxpayers on the phone aspect - our Executive Assistant is going to help take some of the pressure off the office by taking phone calls and directing the call to the appropriate person for attention. 2024 tax collections went as smooth as possible considering all the new staff. It has been a real struggle filling our open positions. We look forward to the day we have a fully trained staff. 2023/2024 financial items: We still have several economic items currently impacting our city operations. Inflation, supply chain issues, and staffing issues all are impacting the City operations. As a result, almost all costs are increasing and making it more difficult to operate. Here is a look at some of the 2023 and 2024 activity: Sales tax: We budgeted $17,108,600 in sales tax for 2023. We now have our final 2023 collections, which are $18,016,269. 2023 sales collections started out strong but finished weaker during the last quarter of activity. Overall, we finished over budget by 5.31%. In addition, we had our first sales tax collections of Adult Use Cannabis. These collections are done on a quarterly basis. With one payment remaining for 2023, we have collected an additional $148,500. Please note the Adult Use Cannabis store on the Commons is currently under renovations, expected to open back up in April. The renovations will have an impact on the 2024 collections. The 2024 sales tax budget is $18,500,000. This estimated amount included Adult Use Cannabis collections as we did not receive a separate collection for Cannabis tax until December 2023. To date our 2024 sales tax collections have been slightly higher compared to the same time frame collections from 2023. We have collected $5,994,900 to date. We are currently running 1.7% higher than 2023 collections. We still caution that collections can swing significantly during a one-month period due to timing of collections. We like to evaluate collections after a quarterly period has been completed. So, don’t get caught up in the reported percentage collections, but just be aware sales tax collections were off to a slower start but are now looking better. Update on parking revenues. Although we continue to see slow improvements in parking revenues, we are still running well below budget. We have collected $2,073,000 in 2023 parking revenue to date. We still have final collections to post from 2023, which should be done in the next couple of weeks. This revenue source has never bounced back from the pre-covid period. There are many reasons for the lower revenues in this area. Lots of construction in and around the downtown area, safety concerns on and around the commons, equipment issues, staffing issues, a frustrated attitude for the downtown parking area, and lack of retail stores in the downtown area may all have a negative impact on our parking revenues. We have made some rate increases for 2024 and we should closely monitor our 83 activity to see if on-street parking rates need to be slightly adjusted as well. We will have the new Conference Center coming online in mid-2024 and the construction should ease in the downtown area. We will see how revenues respond to those changes. Building permit revenue for 2023 was budgeted at $1,320,000. Our budget estimate continues to reflect the higher construction activity anticipated inside the city, but less than some recent years’ activity. We collected $1,930,000 in permit revenue for 2023. This is good news and hats off to the hard work the Planning and Building Department does for the city! Site development fees were budgeted at $300,000 in 2023. We collected $272,000. Overall, building revenue exceeded our budget estimates. The 2024 permit revenue is budgeted at $1,480,000 and site fees at $140,000. This is a difficult area to budget since many projects are out of our control and the economy can delay project time schedules. For 2024 so far, we have collected $399,530 for Building Permit Fees and $121,500 for Site Improvement Fees. CPI 2023/2024 – It appears inflation hit its peak in June of 2022 at 9.1%. Since that time, lower CPI percentages have been the trend. The 2023 CPI ended up at 4.1%. This compares to the 2022 CPI of 8%. The May 2024 CPI was 3.6% - unchanged from April, 2024. It has been a slow decrease in inflation for the last several months. Good news, but overall prices and operations are still higher because of inflation. We would love, and so would the Feds, to see the rate around 2%. On the one hand a higher CPI is good for our Cornell MOU payment, which is driven by the CPI, but mostly it means higher operating costs for City operations and higher costs for the consumers. Hopefully, we can see more reasonable pricing increases for the remainder of 2024. The Cornell contribution payment was estimated to increase by 2% in 2024. Instead, it will increase by 4.1%, bringing a total 2024 contribution of $4,164,000. Room Tax collection update - As you know we established a city room tax to help fund city costs related to the Conference Center. We collected $1,374,819 in 2021 (started in April 2021), collected $2,306,259 in 2022 and collected $2,431,000 in 2023, final 2023 reconciliations have not been done (the 2023 budget is $2,349,869). All collections have exceeded estimates to date. We will be hoping that trend continues. New York State Budget – The NYS Budget, which was due by April 1st, was approved. We will give you any applicable details that may affect the City when they become available. One item of note, there was $50 million in temporary funding for AIM of which the City was allocated an additional $303,123 for 2024. Another result of high inflation and high interest rates, Mortgage tax revenue is down from 2022, but still meeting budget as we knew inflation would have a negative impact on our budget in this area. We budgeted $600,000 in 2023 and will collect a total of $660,619 in 2023. That compares to a 2022 total of $1,342,407. In 2024, we budgeted $625,000. So far this year, we have collected $339,700. Early report on higher assessment rates. As most of you have heard, Tompkins County property owners, including the city, are receiving their preliminary assessments for their 2025 tax period. Early reports reflect a 20% average increase for the county overall. The city average increase looks to be about 15%. The city won’t receive the final 2024 assessments from the county until July 1st, 2024. The assessments are done by Tompkins County but are driven by the local housing pricing and the local housing market. If housing prices continue to climb and properties are being sold at those higher prices, 84 the assessments will continue to climb. The 2024 assessments are the basis for the 2025 tax levy. The 2025 tax rate is the other piece of the equation. The 2025 tax rate and tax levy will not be finalized until November 2024. The Common Council has an opportunity in October to discuss, amend and approve the City Manager’s 2025 budget. That budget will include recommendations for the 2025 tax rate and tax levy. The 2024 tax levy for the city increased by 5%. The 2024 tax rate remained the same in 2024 at $11.98 per $1,000 assessed value. Please note there are many reasons why the tax levy increased in 2024. Some of the main reasons include increasing labor costs, including fringe. All labor rates increased in 2024, with the lowest increase at 2.25% and many increasing well beyond 5%. We currently have all labor contracts approved during 2024, which is a rare experience. Labor rates had to increase significantly to be competitive with the local labor market. The city has had and still has significant vacancies in many departments and the need to increase salaries is real and costly. Related 2024 fringe benefit costs are also increasing much higher as health insurance premiums increased by 8% and pension contributions for the city increased by 14.5% to 19.5%. With 70% of the city budget devoted to personnel, it’s difficult to have much flexibility in making other adjustments. Not to mention, all costs of city operations increased over the last two years due to the rising inflation. It’s a difficult balance of services and costs for this community. As you learn more and more about city operations, you will see how difficult it can be to keep costs to a minimum, but at the same time provide the community with the necessary services. It’s a necessary balance and a constant battle, but one we take seriously and work hard to achieve. End of report. All areas highlighted in light blue are changes from the previous month. 85 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Mayor's Office Shaniqua Lewis, TO:Common Council FROM:Mayor Robert Cantelmo DATE:July 10, 2024 RE:Discussion of matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person. CP#:N/A MEMORANDUM Executive Session to discuss matters pertaining to the employment of a particular person. 86 RESOLUTION – Appointment of the City Attorney WHEREAS, the City Attorney’s position is currently vacant due to a resignation; and WHEREAS, the City Manager is recommending the permanent appointment of Victor Kessler to the position; and WHEREAS, pursuant to § C-13(A) of the City Charter, the City Manager shall appoint a City Attorney, subject to the approval of the Common Council; and WHEREAS, pursuant to § C-13(A), the City Manager may remove the City Attorney with or without cause, but on only forty-five days’ written notice to the Common Council, unless after such notice two-thirds of the Common Council votes to waive the remainder of the notice period, and the Common Council may act by majority vote during the notice period to prevent the removal of the City Attorney; and WHEREAS, pursuant to § C-13(B), the compensation of the City Attorney and terms of payment shall be fixed by the Common Council; therefore be it resolved RESOLVED, that Victor Kessler be and is hereby appointed to the position of City Attorney, effective July 11, 2024, at the 2024 Management Compensation Plan top step salary of $136,529; and be it further RESOLVED, that such appointment is contingent on Mr. Kessler’s execution of the Employment Agreement; and be it further RESOLVED, that the City Manager is authorized on behalf of the City to execute the Employment Agreement in a form substantially similar to the agreement accompanying this resolution. Carried 10-0 1 EMPLOYMENT AGREEMENT THIS AGREEMENT is made on this ___ day of _____, 2024, at the City of Ithaca, County of Tompkins, State of New York, between THE CITY OF ITHACA (herein referred to as the “City”), a municipal corporation with offices at 108 E. Green Street, Ithaca, New York, and VICTOR J. KESSLER, residing at __________________________, New York, (herein referred to as “Mr. Kessler”). WHEREAS, pursuant to § C-13(A) of the City Charter, the City Manager shall appoint a City Attorney, subject to the approval of the Common Council; and WHEREAS, pursuant to § C-13(A), the City Manager may remove the City Attorney with or without cause, but on only forty-five days’ written notice to the Common Council, unless after such notice two-thirds of the Common Council votes to waive the remainder of the notice period. The Common Council may act by majority vote during the notice period to prevent the removal of the City Attorney; and WHEREAS, pursuant to § C-13(B), the compensation of the City Attorney and terms of payment shall be fixed by the Common Council; and WHEREAS, the scope of duties of the City Attorney is generally set forth in § C-13; and WHEREAS, Mr. Kessler has all the qualifications necessary and desirable to serve as City Attorney; and WHEREAS, the City Manager is desirous of appointing Mr. Kessler as the City Attorney, subject to Common Council approval; and WHEREAS, Mr. Kessler is desirous of accepting said appointment; and WHEREAS, the City Attorney position is at-will and is not subject to the removal procedures applicable to other City department heads pursuant to the Charter and Civil Service Law; and WHEREAS, subject to the approval of the Common Council, the City and Mr. Kessler are desirous of setting forth the terms and conditions under which Mr. Kessler shall serve as the City Attorney; and WHEREAS, the terms and conditions set forth herein shall not conflict with the City Charter or State or Federal laws; and WHEREAS, in the event that any terms and conditions set forth herein conflict with the City Charter or State or Federal laws, the City Charter and State or Federal laws shall control. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the City and Mr. Kessler covenant and agree as follows: 2 1. Responsibilities and Duties: As City Attorney, Mr. Kessler shall be the official legal advisor of the City Manager, the Common Council, the boards, and other officers of the City. Mr. Kessler shall have and faithfully perform all duties and responsibilities set forth in § C-13 of the City Charter, and as provided by New York State law, rule, and regulation, or as otherwise conferred by City Charter or designated by the City Manager or Common Council. 2. Manner of Performance of Duties: Mr. Kessler agrees that he will at all times faithfully, industriously, and to the best of his ability, experience, and talent perform all of the duties that may be reasonably required of and from him pursuant to the terms of this Agreement, the City Charter, and State and Federal law, rule, and regulation. 3. Appointment and Term: The City hereby appoints Mr. Kessler as City Attorney and Mr. Kessler accepts the appointment. The appointment shall be effective upon approval by the Common Council and continue until December 31, 2026, unless sooner terminated pursuant to § C-13 of the City Charter or as set forth in paragraph seven (7) herein. The period of the City Attorney’s employment is referred to as the “Term”. This Agreement shall renew without requirement for further action by either party for subsequent three-year terms (“Renewal Terms”), beginning on January 1 of the year following the immediately preceding term and ending on December 31 of the third year of each such renewal term, unless a notice of non-renewal is given in writing by either party no fewer than nine months prior to the expiration of the Term or Renewal Term then in effect. 4. Compensation and Reimbursement: Mr. Kessler’s salary shall be set at the highest salary grade for management confidential exempt City of Ithaca employees. The salary shall automatically increase to the highest step if any new steps are added by the Common Council. The Common Council shall review Mr. Kessler’s compensation on an annual basis, in advance of the adoption of its budget. The City shall not reduce the City Attorney’s compensation during the Term or any subsequent Renewal Term without Mr. Kessler’s consent, unless such a reduction is on the same percentage basis as any across-the-board reduction adopted by the Common Council for managerial employees due to fiscal emergency. 5. Administrative Benefits Package: Mr. Kessler shall be entitled to the City’s managerial fringe benefit policy, as amended from time to time, except as specifically set forth herein. Upon approval of his appointment by the Common Council, Mr. Kessler shall maintain his existing accrued leave and receive a one-time only twenty- five (25) additional days of vacation time and fifty (50) additional days of sick time credited to his current accrued leave bank; and receive a credit of an additional five (5) years to his fringe benefit service category for leave accrual purposes. Mr. Kessler shall be entitled to reimbursement for reasonable business expenses incurred in connection with the performance of his duties in accordance with the expense reimbursement policies generally applicable to managerial employees of the City. 3 6. Severance: In the event Mr. Kessler is separated from employment without cause pursuant to § C-13(A) of the City Charter, he shall be entitled to a severance payment equal to payment for the number of weeks remaining in the effective Term or Renewal Term, calculated at his then current salary rate as of the date of separation (the “Severance Payment”), less necessary and lawful deductions, upon his execution of a General Release as prepared by the City. In the event that the separation without cause occurs fewer than nine months prior to the end of a Term or Renewal Term and no written notice of non-renewal has been given pursuant to Paragraph 3 of this Agreement, the Severance Payment shall be calculated on the basis of the full Renewal Term. The Severance Payment shall be made within four (4) weeks of Mr. Kessler’s execution of the General Release and Mr. Kessler agrees that he shall not then be subject to any further payment from the City; notwithstanding the foregoing, Mr. Kessler shall be entitled to receive payout of any accrued leave time on the same terms as other managerial City employees. This paragraph shall survive the termination of this Agreement. It is understood and agreed that Mr. Kessler is not entitled to the provisions of this section (“Severance”) if he is separated from employment for cause. 7. Termination on Happening of Certain Events: This Agreement shall terminate on the happening of any of the following events: a) Death of Mr. Kessler; b) Expiration or revocation of Mr. Kessler’s license to practice law in New York; c) Incapacity of Mr. Kessler to perform his duties because of a physical or mental condition which shall be certified by a physician approved by the Board. Such incapacity shall not preclude Mr. Kessler from claiming any sick leave credits or vacation time to which he is entitled; d) Resignation by Mr. Kessler; e) Mutual Agreement of both parties memorialized in a signed writing; f) Removal by the City Manager with or without cause pursuant to § C-13(A) of the City Charter. 8. Laws of New York State Shall Govern: The parties agree that it is their intention and covenant that this Agreement and performance hereunder shall be construed in accordance with and under and pursuant to the laws of the State of New York. Any legal action brought hereunder shall be commenced in a court of competent jurisdiction sitting within Tompkins County. 9. Modifications: This Agreement contains the entire agreement and understanding of the parties hereto and may not be amended or modified except in writing and only if executed in the same manner as the within document has been duly executed. 10. Miscellaneous: a. The validity or enforceability of any particular provision of this Agreement shall not affect its other provisions and this Agreement shall be construed in all respects as if such invalid or unenforceable provision has been omitted. 4 b. The failure of either party at any time to require the performance by the other of any of the terms, provisions, or agreement shall in no way affect the right thereafter to enforce same and shall not constitute the waiver of either party of any breach of any of the terms, provisions, or agreement or be construed as a waiver of any succeeding breach. c. This Agreement is a personal services contract and the rights and obligations of Mr. Kessler shall not be sold, transferred, assigned, or pledged by Mr. Kessler, except that any amounts due to Mr. Kessler upon his death during the Term or Renewal Term shall be made payable to his estate. d. No cancellation, change, modification, or amendment of this Agreement shall be effective or binding unless in writing, duly authorized, and executed by the parties to this Agreement. e. This Agreement shall be governed by and construed in accordance with the laws of the State of New York and in all respects shall be interpreted, enforced, and governed under the laws of the State of New York, without regard to any conflict of law principles. The parties agree that any legal action or proceeding relating to the terms of this Agreement or the enforcement thereof shall be brought solely in a court of competent jurisdiction sitting in Tompkins County, New York, without regard to future residence of Mr. Kessler. The parties expressly consent to the jurisdiction of such courts. The parties expressly, knowingly, and voluntarily waive their respective rights to bring any such action or proceeding in any other jurisdiction, or to have any such action or proceeding heard before a jury or an advisory jury. f. This Agreement is the entire Agreement between the parties. g. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which together constitute one and the same instrument. Each such counterpart may be delivered by email (in .pdf format) and any signatures which are so delivered by email shall be deemed original signatures for all purposes. h. The provisions in this Agreement are addition to, not in lieu of implicitly or explicitly, the rights and obligations of the City pursuant to the Charter, including but not limited to the entirety of § C-13, City policy, or any state or federal law, rule, or regulation. i. This Agreement is subject to resolution and approval by the Common Council. [SIGNATURE PAGE FOLLOWS] 5 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day first above written. City of Ithaca By: ___________________________________ Deborah Mohlenhoff, City Manager ___________________________________ Victor J. Kessler, Esq.