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Home My WebLink AboutMN-COW STUDY SESSION-2024-06-20Date: Location: Thursday June 20, 2024 108 E. Green Street Ithaca NY 14850 COMMON COUNCIL COMMITTEE OF THE WHOLE STUDY SESSION Voting Record 1.Call To Order 1.1 Emergency Evacuation 1.2 Review and Approval of Minutes Attendance Record of Voting Members Name Present Absent/Excused Mayor - Robert Cantelmo X 1st Ward - Kayla Matos X 1st Ward - Phoebe Brown X 2nd Ward - Ducson Nguyen X 2nd Ward - Kris Haines-Sharp X 3rd Ward - David Shapiro X 3rd Ward - Pierre Saint-Perez X 4th Ward - Patrick Kuehl X 4th Ward - Tiffany Kumar X 5th Ward - Margaret Fabrizio X 5th Ward - Clyde Lederman X Discussion Summary: The meeting is called to order at 6:00pm. Timestamp 0:30 YouTube Link: https://www.youtube.com/watch? v=p2WM31HSWgU&list=PLfplo_VA57eoynrqxkGvi11vxHlwByjZw&index=3 Discussion Summary: Mayor Cantelmo read the Emergency Evacuation notice for those in attendance. Timestamp 1:20 Discussion Summary: Governor Hochul's Regional Representative Harris Weiss presented Council with a proclamation from the Governor in honor of Juneteenth. Council approved the May 15th 2024 COW Study Session Meeting Minutes. Timestamp: 2:05-4:45 Moved By: Pierre Saint-Perez Seconded By: David Shapiro Motion Summary: Motion to approve the May 15th 2024 COW Study Session Meeting Minutes. Timestamp 5:18 Vote Passed 8-0 Carried Unanimously 2.Agenda Review 2.1 Additions /Deletions or Changes to the Agenda 3.Public Hearing 3.1 A Local Law Clarifying the Authority of the Common Council, Mayor, and City Manager with Respect to Certain Department Heads Member Approve Oppose Recuse Robert Cantelmo X Kayla Matos X Phoebe Brown X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Discussion Summary: No changes to the agenda. Council will proceed with the two public hearings. Timestamp 5:41 Discussion Summary: Mayor Cantelmo noted that there is no one from the public present to comment on the Local Law Clarifying the Authority of the Common Council, Mayor, and City Manager with Respect to Department Heads. Mayor Cantelmo motioned to open the public hearing. Timestamp 5:47 Moved By: Tiffany Kumar Seconded By: Kayla Matos Motion Summary: Motion To Open Public Hearing Timestamp 5:58 Vote Passed 8-0 Carried Unanimously Member Approve Oppose Recuse Robert Cantelmo X Kayla Matos X Phoebe Brown X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Moved By: Tiffany Kumar Seconded By: Phoebe Brown Motion Summary: Motion To Close Public Hearing. Timestamp 6:18 3.2 Local Law- Good Cause Eviction Protections Vote Passed 8-0 Carried Unanimously Member Approve Oppose Recuse Robert Cantelmo X Kayla Matos X Phoebe Brown X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Discussion Summary: Members of the public were in attendance to give comments during the Public Hearing. Mayor Cantelmo informed those in attendance there is no limit set on the number of people who are interested in commenting for a Public Hearing. Timestamp 6:54- 1:42:32 Moved By: Patrick Kuehl Seconded By: Tiffany Kumar Motion Summary: Motion to open public hearing on Local Law Good Cause Eviction Protections. Timestamp 6:30 Vote Passed 8-0 Carried Unanimously Member Approve Oppose Recuse Robert Cantelmo X Kayla Matos X Phoebe Brown X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Moved By: Kayla Matos Seconded By: Patrick Kuehl Motion Summary: Motion to Close Public Hearing. Timestamp 1:43:55 Vote Passed 8-0 Carried Unanimously 4.Consent Items Member Approve Oppose Recuse Robert Cantelmo X Kayla Matos X Phoebe Brown X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Discussion Summary: Proposed Items 4.1-4.4 are considered to be moved to Consent Agenda Items on the July 10th Common Council Regular Meeting. Timestamp 1:44:09 Moved By: Tiffany Kumar Seconded By: Kayla Matos Motion Summary: Motion to send proposed items 4.1 through 4.4 as Consent Agenda Items for the July 10th Common Council Regular voting meeting. Timestamp 1:44:17 Vote Passed 8-0 Carried Unanimously Member Approve Oppose Abstain Robert Cantelmo X Kayla Matos X Phoebe Brown X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Moved By: David Shapiro Seconded By: Margaret Fabrizio Motion Summary: Motion for a 5 Minute Recess. Timestamp 1:44:52 Vote Passed 8-0 Carried Unanimously Member Approve Oppose Abstain Robert Cantelmo X Kayla Matos X Phoebe Brown X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X 4.1 Amendment to Personnel Roster- City Chamberlain's Office 4.2 Roster Amendment- Civil Engineer Title 4.3 Ordinance Amending City Code Charter- Street Addressing 4.4 Revocable License for the Use of City Property-Kayak Launch License 5.City Manager's Budget Overview 6.Agenda Planning 6.1 A Local Law Clarifying the Authority of the Common Council, Mayor, and City Manager with Respect to Certain Department Heads Discussion Summary: City Manager Deb Mohlenhoff presented council with a slide show presentation. The presentation is to give council an overview of the sort of the budget building process. This is the first series of conversations around the budget. Mayor Cantelmo has carved out an hour for the both the presentation and discussion. Retired City Controller Steve Thayer was present to answer questions around the budget process. (Slide Show Presentation attached). Timestamp 1:50:29- 3:17:25 Moved By: Pierre Saint-Perez Seconded By: Margaret Fabrizio Motion Summary: Motion to extend conversation for an additional 1/2 hour. Timestamp 3:04 Vote Passed 6-2 Member Approve Oppose Abstain Robert Cantelmo X Kayla Matos X Phoebe Brown X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Discussion Summary: Local law was moved and summarized by Alderperson Saint-Perez. During the government reorg, a number of paragraphs were overlooked, this update will adjust the code to be consistent with Mayor/City Manager authority. Timestamp: 3:18:13 Moved By: Pierre Saint-Perez Seconded By: Margaret Fabrizio 6.2 Encampment Response Coordinator Position Motion Summary: Motion to place on July 7th 2024 Common Council Meeting Agenda. Timestamp 3:21:21 Vote Passed 8-0 Carried Unanimously Member Approve Oppose Recuse Robert Cantelmo X Kayla Matos X Phoebe Brown X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Discussion Summary: Encampment Response Coordinator position moved and summarized by Alderperson Kumar. Discussion from council with questions and comments on the job description and responsibilities of the position. Timestamp: 3:21:54-3:52:59 Moved By: Tiffany Kumar Seconded By: Patrick Kuehl Motion Summary: Motion to move to the July 10th 2024 Common Council Meeting Agenda. Timestamp: 3:53:23 Vote Passed 6-2 Member Approve Oppose Recuse Robert Cantelmo X Kayla Matos X Phoebe Brown X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Moved By: Phoebe Brown Seconded By: Tiffany Kumar Motion Summary: Motion to Call The Question. Timestamp 3:53:04 Vote Passed 5-3 6.3 Camden Group Contract for Wastewater Treatment Plant Operations 6.4 Discussion on Tenant Voter Registration Proposal. 7.Strategic Themes/Legislative Priorities. 7.1 Reports From Council Liaisons Member Approve Oppose Recuse Robert Cantelmo X Kayla Matos X Phoebe Brown X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Discussion Summary: Mike Thorne was present to discuss resolution and to address questions and comments from Council. No formal motion was made to move item to the July 10th Common Council Meeting Agenda. Timestamp 3:54- 42- 4:00:01 All in favor of moving item to July 10th Common Council Meeting Agenda Carried 7-1 with Alderperson Saint-Perez opposed. Timestamp 4:00:06 Moved By: Tiffany Kumar Seconded By: Margaret Fabrizio Motion Summary: Motion to Extend Meeting to 10:15. Vote Failed 3-5 Member Approve Oppose Recuse Robert Cantelmo X Kayla Matos X Phoebe Brown X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Discussion Summary: Item was not considered due to time. Discussion Summary: Item not considered due to time. Discussion Summary: No reports. 7.2 Reports from Working Groups 8.Meeting Wrap-Up Discussion Summary: No Report Discussion Summary: Meeting Adjourn at 10:00pm. No formal motion made to adjourn meeting. Agenda Items 6.4 - 8 were not discussed or considered by Council due to time. Timestamp 4:00:13 Date: Time: Location: Watch Online: Thursday June 20, 2024 6:00 PM 108 E. Green Street Ithaca NY 14850 https://www.youtube.com/@CityofIthacaPublicMeetings COMMON COUNCIL COMMITTEE OF THE WHOLE STUDY SESSION AGENDA AMENDED 1. Call To Order 1.1. 1.2. 2.1. 3. Public Hearing 3.1. 3.2. 4. Consent Items 4.1. 4.2. 4.3. 4.4. 5. City Manager's Budget Overview 6. Agenda Planning 6.1. 6.2. 6.3. 6.4. 7. Strategic Themes/Legislative Priorities. 7.1. 7.2. 8. Meeting Wrap-Up Emergency Evacuation Review and Approval of Minutes 2. Agenda Review Additions /Deletions or Changes to the Agenda A Local Law Clarifying the Authority of the Common Council, Mayor, and City Manager with Respect to Certain Department Heads Local Law- Good Cause Eviction Protections Amendment to Personnel Roster- City Chamberlain's Office Roster Amendment- Civil Engineer Title Ordinance Amending City Code Charter- Street Addressing Revocable License for the Use of City Property-Kayak Launch License Presentation by City Manager of Budget Process A Local Law Clarifying the Authority of the Common Council, Mayor, and City Manager with Respect to Certain Department Heads Encampment Response Coordinator Position Camden Group Contract for Wastewater Treatment Plant Operations Discussion on Tenant Voter Registration Proposal. Reports From Council Liaisons Reports from Working Groups 1. Announcements 2. Next Meeting 3. Meeting Adjourned 1 PUBLIC HEARING Comments MUST be limited to the subject of the Public Hearing. There will be NO Privilege of the floor, and Council will NOT be responding to the public's comments during the Public Hearing. Members of the public can provide short statements germane to the subject of the public hearing during this portion of the meeting. 3 minutes is the maximum time allotted per speaker, but the chair reserves the right to modify the amount of time per individual at the start of the meeting. Groups of 3 or More Speakers are allotted more speaking time. For Longer Speaking Time – Multiple Speakers 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 hearing. 3-4 Persons with One Designated Speaker – Designated Speaker allotted 5 Minutes 5+ Persons with One Designated Speaker – Designated Speaker allotted 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 meeting at which the public hearing takes place begins. Want To Submit A Comment and Not Speak In Person? To Submit Written Comments - https://tinyurl.com/mr9kdhw8 *Written comments submitted will 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 COW Study Session FROM:Mayor Robert Cantelmo DATE:June 20, 2024 RE:Emergency Evacuation CP#:N/A MEMORANDUM 3 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Clerk's Office Shaniqua Lewis, TO:Common Council COW Study Session FROM:Deputy City Clerk DATE:June 20, 2024 RE:Review and Approval of Minutes CP#:N/A MEMORANDUM Review and Approval of 05-15-2024 COW Study Session Meeting Minutes 4 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Mayor's Office Shaniqua Lewis, TO:Common Council COW Study Session FROM:Mayor Robert Cantelmo DATE:June 20, 2024 RE:Additions /Deletions or Changes to the Agenda CP#:N/A MEMORANDUM 5 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Attorney's Office Shaniqua Lewis, TO:Common Council COW Study Session FROM:City Attorney's Office DATE:June 20, 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 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 6 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Mayor's Office Shaniqua Lewis, TO:Common Council COW Study Session FROM:Mayor's Office DATE:June 20, 2024 RE:Local Law- Good Cause Eviction Protections CP#:N/A MEMORANDUM A Public Hearing to receive feed back on A Local Law Adopting Good Cause Eviction Protections in the City of Ithaca 7 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. 8 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. 9 Section 4. Effective Date. This Local Law shall be effective immediately upon filing in the office of the Secretary of State. 10 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; 11 •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. 12 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Human Resources Shaniqua Lewis, TO:Common Council COW Study Session FROM:Chamberlain's Office DATE:June 20, 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. 13 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. CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Dept of Public Works-Engineering Shaniqua Lewis, TO:Common Council COW Study Session FROM:Engineering DATE:June 20, 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 15 16 17 18 19 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Department of Public Works Shaniqua Lewis, TO:Common Council COW Study Session FROM:Robert Fell-DeWalt, DATE:June 20, 2024 RE:Ordinance Amending City Code Charter- 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. 20 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. 21 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. 22 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”. 23 STRATEGIC THEME Effective, Transparent and Collaborative Government 24 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Attorney's Office Shaniqua Lewis, TO:Common Council COW Study Session FROM:Victor Kessler, Acting City Attorney DATE:June 20, 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 25 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. 26 27 28 29 30 31 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 32 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Attorney's Office Shaniqua Lewis, TO:Common Council COW Study Session FROM:City Attorney's Office DATE:June 20, 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 City Manager Update 33 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. 34 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. 35 (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; 36 (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. 37 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 38 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 39 § 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. 40 § 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. 41 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. 42 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 City Manager's Office Shaniqua Lewis, TO:Common Council COW Study Session FROM:Deb Mohlenhoff, City Manager DATE:June 20, 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 43 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. 44 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Department of Public Works Shaniqua Lewis, TO:Common Council COW Study Session FROM:Miike Thorne Superintendent of Public Works DATE:June 20, 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 45 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 46 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. 47 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. 48 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. 49 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. 50 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Common Council Shaniqua Lewis, TO:Common Council COW Study Session FROM:Alderperson Patrick Kuehl DATE:June 20, 2024 RE:Discussion on Tenant Voter Registration Proposal. CP#:N/A MEMORANDUM Discussion on proposed Ordinance to Require the Distribution of Voter Registration Forms 51 1 MEMORANDUM FOR: Common Council BY: Patrick Kuehl DATE: May 31, 2024 RE: Tenan EXECUTIVE SUMMARY The ordinance proposed in this legislative memorandum requires that landlords and realtors provide voter registration forms to new tenants and property owners in the City of Ithaca. The primary objectives of the proposed ordinance are to: 1.Increase Voter Turnout and Representation: Targeting wards with high transient populations, this initiative aims to boost electoral participation among tenants; and 2.Update Voter Information: Facilitate voters updating their registration information with the the Tompkins County Board of Elections to improve the accuracy of the voter rolls. The proposed code changes are as follows: •Require all landlords to provide physical voter registration forms furnished by the Board of Election to new tenants at the time of signing a lease; •Require all real estate agents to provide voter physical voter registration forms furnished by the Board of Elections to new homeowners at the time of closing on a sale; •Require absentee ballot voting information to be provided to tenants; and •Provide a private for enforcement of the legislation. I.LEGISLATIVE HISTORY AND PRIORITIES While New York State has expanded opportunities for voting with early voting and early voting by mail, the non-registration of voters remains an obstacle, especially among transient populations. It is much more difficult to receive information about the voting process for people who are unregistered, not only do they receive less information from the Board of Elections, it is also much more difficult for political parties to contact them to inform them about candidates and their right to vote. 52 2 Information that landlords are already required to provide to tenants: •Federal law mandates that landlords give a pamphlet to their tenants about how to protect themselves from possible lead exposure in their homes; •Cities around the state require other information not required in the City of Ithaca such as information on home repairs. This information is provided to tenants by landlords with a pamphlet prepared by the NYC Department of Health and Mental Hygiene and the NYC Department of Housing Preservation and Development; •Cities and states around the United States require various types of information to be provided to tenants by landlords; some cities require full tenants’ rights guides along with voter registration forms. Comparable legislation has been implemented in various cities across the United States: •District of Columbia and Seattle, Washington: Both cities have enacted laws requiring landlords to provide voter registration materials along with housing rights information to tenants; •New York City: NYC proposed similar legislation (750-2015), which faced opposition from the Real Estate Board of New York, citing undue additional responsibilities on property owners. Proposed legislative action: •Require all landlords to provide physical voter registration forms furnished by the Board of Election to new tenants at the time of signing a lease; •Require all real estate agents to provide voter physical voter registration forms furnished by the Board of Elections to new homeowners at the time of closing on a sale; •Require absentee ballot voting information to be provided to tenants. •Provide a private right and class action clause in the legislation to allow tenants or their representative to sue their landlord over improper distribution of information. Optional additions and future legislative ideas: •Provide tenants with a tenant bill of rights similar to the one provided in Broome County and prepared by the Attorney General. II.NEED FOR LEGISLATIVE ACTION 1.Low Voter Turnout in Transient Wards: Notably, wards with high transient populations such as wards 4 and 5 show significantly lower voter turnout compared to other areas. 70% of city residents are renters. 2.Accurate Voter Records: Transient populations make it challenging to maintain updated and accurate voter records. 53 3 3.Additional Voting Information: Transient populations need more information about their right to vote. This article published this year by the Ithacan highlights the criticality of this measure; III.PROJECTED IMPACT This ordinance will affect renters, new local property owners, realtors, and landlords by requiring them to distribute voter registration forms to new tenants. Accurate statistics on an increase in voter participation in areas which have implemented similar legislation are difficult to gather. However there is a general trend of increased transient voter participation that has been attributed to this and similar initiatives in Seattle. IV.FEASIBILITY •Cost Implications: Implementation is not expected to incur significant costs. The primary expenses involve printing and distributing voter registration forms, the State Board of Elections provides these forms to the county. The cost of these forms is not incurred by the City of Ithaca, Tompkins County or the County Board of Elections. •Stakeholder Cooperation: Successful implementation requires collaboration with landlords and realtors. Initial communications indicate that the additional administrative workload is manageable and should not pose significant challenges; •Staff time: While staff time on this project could be slightly variable, the most expansive form of this legislation will still not require any maintained workload from staff of the city. After speaking to the acting city Attorney, Victor Kessler, this legislation, if passed, is not expected to take an undue amount of time to implement. •Resources: Concerns have been raised regarding the need for a sufficient supply of voter registration forms. This can be addressed through close coordination with the Board of Elections. Tompkins County Board of Elections Commissioner Stephen Dewitt does not foresee supply of voter registration forms as an issue. V.QUESTIONS FOR STAFF AND COUNCIL 1.Enforcement: Should we prioritize strict enforcement of this ordinance, or would a collaborative approach with landlords be more effective? 2.Communication: Which department is best suited to communicate these changes to landlords and coordinate with the Board of Elections? VI.BUDGET IMPLICATIONS & FUNDING No significant budget implications are anticipated. 54 4 VII.PUBLIC FEEDBACK This memo was presented at the May study session and will again be presented at the June study session. The public will have the opportunity to submit feedback before the next legislative meeting. Council members will also actively seek input from stakeholders such as landlords, the Ithaca Tenants Union and the Board of Elections regarding implementation challenges. VIII.NEXT STEPS 1.Presentation: Present this memo and sample legislation at the Committee of the Whole meeting; 2.Public Outreach: Council members will reach out to public stakeholders and solicit statements from the community; and 3.Legislative Draft: The City Attorney will review suggestions and prepare a legislative draft. This memo outlines the necessity and benefits of requiring landlords to provide voter registration forms to new tenants, emphasizing increased voter participation and updated voter records while addressing potential concerns and implementation strategies. 55 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Mayor's Office Shaniqua Lewis, TO:Common Council COW Study Session FROM:Council Liaisons DATE:June 20, 2024 RE:Reports From Council Liaisons CP#:N/A MEMORANDUM 56 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Mayor's Office Shaniqua Lewis, TO:Common Council COW Study Session FROM:Council Alderpersons DATE:June 20, 2024 RE:Reports from Working Groups CP#:N/A MEMORANDUM 57 C I T Y O F I T H A C A B U D G E TOVERVIEW& R E F E R E N C EGUIDE https://www.cityofithaca.org/427/City-Budget BUDGET a financial plan that details projected revenues and expenses for the duration of one fiscal year (Jan-Dec). a tool for maintaining financial accountability revenues must be balanced with expenses represents the proposed costs for each function of government and how they will be paid for WHAT IS A MUNICIPAL BUDGET? Usually local governments do not have sufficient resources to fund everything to the extent that they might like or that the taxpayers might desire City Manager Controller Department Heads Council Responsible for preparation of proposed budget; including operating and capital budgets. Provides accurate and comprehensive financial data to create a balanced budget proposal Submit budget requests that meet the City Manager’s guidelines; as well as any ‘over target requests’ Reviews and amends City Manager’s budget; adopts budget WHO IS RESPONSIBLE? City’s Financial Procedures: https://ecode360.com/8385910 § 4-5 Preparation of proposed budget. [Amended 11-3-2021 by L.L. No. 2022-07] The City Manager, with the assistance of the Controller in his/her role as Budget Officer, shall be responsible for preparation of and submission to the Common Council of one proposed executive budget each year. Basic Budget Timeline JAN-MARCH: Set & Distribute Budget Meeting Dates APRIL-JULY: Capital Projects Internal Review JUNE: City Mgr sends Budget guidance to Depts AUGUST: Departments submit requests to City Mgr SEPTEMBER: Controller & City Mgr prepare Budget OCTOBER: City Mgr presents Budget to Council OCT-NOV: Council Amends Budget NOVEMBER: Budget & Tax Rate Adopted WHEN DOES IT HAPPEN? FACTORS TO BUILD THE BUDGET What is taken into consideration when building the budget? Debt service requirements Existing contracts and other financial commitments Current economic conditions and potential impacts on both borrowing and revenue generation State and federal aid Collective bargaining agreements Rate of inflation New and pending legislation Modified budgets from prior year Total Appropriations Less: Estimated Revenue Less: Appropriated Fund Balance Equals: Amount to be Raised by Taxation (Tax Levy) Tax Rate is determined by dividing the Tax Levy by the total assessed value of taxable property in the City. Tax Rate per thousand = (tax levy ÷ total of all taxable assessments in the jurisdiction) x 1000 DETERMINING THE TAX RATE TAX RATE - HISTORIC DATA Tax Rate $11.98 per $1000 assessed value 0% change from 2023 rate of $11.98 2024 increase is 5% 2023 was 9.74% Tax Levy Tax Cap 2024 cap is 2.2% We will be operating above the cap. Total 2024 Tax Revenue: $30,690,864 2024 TAX CALCULATIONS $302,000 median home would pay $3,295 in 2024. HOW TO READ THE BUDGET HOW TO READ THE BUDGET https://www.cityofithaca.org/427/City-Budget NOTE: BUDGET NARRATIVE https://www.cityofithaca.org/427/City-Budget 2024 BUDGET BREAKDOWN $0 $20,000,000 $60,000,000 General Fund $80,379,063 Sewer Fund $8,820,844 Water Fund $8,424,762 Solid Waste Fund $664,215 Sidewalk Fund $1 ,154,392 Stormwater $1,615,084 $101,058,360 TOTAL BUDGET GFOA Fund Balance guidelines balances are both restricted and unrestricted and this is part of the factor in calculating maintained balance need a cushion for emergencies but you need to strike a balance between overtaxing and creating that cushion fund balances increase when you are efficient at spending and you don’t want to ‘overtax’ taxpayers FUND BALANCE - BEST PRACTICE Fund Balance Current Fund Balance (estimated) $15,908,296 $8,693,229 unrestricted $7,215,067 assigned or restricted 2024 budget uses $2,630,436 to balance budget (this is the amount we didn’t add to the tax levy) 2024 BASIC NUMBERS - EXPENSE Staff 66.3% Contracts & Supplies 22.8% Debt Service 10% Staff and Benefits 66% of spending BASIC NUMBERS - EXPENSE Staff 66.3% Contracts & Supplies 22.8% Debt Service 10% Staff salaries Benefits Union negotiated salary increases Contracts for ongoing services (MUNIS, OpenGov, etc.) Debt Service BASIC NUMBERS - FIXED COSTS 70-75% of spending is on fixed costs BASIC NUMBERS - REVENUE Property Tax 43.1% Sales Tax 26% Dept Income 15.7% Other 5.8% State Aid 3.7% Interfund 2.7% 2025 budget will include a complete fee schedule as a part of the budget. Fees & Permits included in Dept. Income SALES TAX REVENUE 2023 $17,108,608 budgeted $18,016,269 actual $18,500,000 budgeted $5,146,400 to date (-0.4%) 2024 NOTES 2024 estimate based off of 2023 projected revenue amount 0 1000000 2000000 3000000 4000000 5000000 6000000 7000000 2018 2019 2020 2021 2022 2023 State Budget Allocations $2,610,398 $2,610,398 $2,610,398 $2,610,398 $2,610,398 $2,610,398 actual amount if CPI had been added $5,236,375 $5,330,630 $5,389,267 $5,453938 $5,710,273 $6,167,095 2024 one time amount: $303,123 Retirement Costs General Fund: $1,706,900 - 14.9% increase from 2023 Police & Fire: $4,027,679 - .1% decrease from 2023 Health Insurance Costs: Funded at $13,321,249 Trending at 13% increase in cost All unions contributing at least 20% to health insurance costs Platinum savings have been calculated in 2024 BASIC NUMBERS - EXPENSE Debt Service Funded at $7,997,741 - 6.8% increase from 2023 80% of debt in long-term bonds In 2024 we will pay off $8,735,898 in principal and issue new debt of $5,436,000 We are at 64% of exhausted debt limit and have $58,321,295 available 2024 BASIC NUMBERS - EXPENSE CSEA Admin - expires 12/31/24 CSEA DPW - expires 12/31/25 PBA - expires 12/31/23; new contract 12/31/26 2 Fire Unions - expires 12/31/26 NYSUT Exec - expires 12/31/25 Labor Contracts and Raises 6 Bargaining Units FOCUSING ON: Recruitment - increase entry level wages Retention - retirement benefits & length to top pay EXAMPLE: recently negotiated DPW contract significantly increased wages and restructured salary steps. ALL CONTRACTS HAVE INCREASED COSTS FOR 2024 AND BEYOND 2024 BUDGET ALSO INCLUDED 3% INCREASE FOR MANAGEMENT BREAKDOWN OF FUNDING FOR 2024 $0 $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 DPW IPD Fire Youth Bureau Planning/Bldg GIAC Finance Public Info Tech Human Resources Attorney City Mgr Mayor & Common Council 2024 CAPITAL PROJECTS TOTAL REQUESTED: $20,568,150 TOTAL APPROVED: $5,006,000 2024 APPROVED PROJECTS With budgeted authorized capital projects and the debt principal payments scheduled for 2024 we should make some progress on our goal to reduce the debt load. ARPA ALLOCATIONS Allowed us to catch up, but this money was not a permanent source of funds. The City has received $16,092,137 in ARPA funds over 2022 & 2023 in equal payments of $8,046,068.50. The 2024 Budget allocates $350,000 in ARPA funds only in the General Fund. If all the ARPA funds obligated to-date are spent, we would have approximately $200,000 in ARPA remaining** during 2024. **The remaining ARPA funding is restricted to Revenue Replacement, Negative Economic Impact and Water, Sewer, and Wastewater Infrastructure. WHAT’S NEXT FOR COUNCIL? OCTOBER - budget deliberations! Complete the Budget Priorities Survey no later than July 5. Pass a resolution giving you a safety net to go over the tax cap. Overview of Capital Projects - list sent in late August, presentation on 9/25/24. City Manager presents budget at October 1** voting meeting of council Budget meetings are 10/9, 10/10, 10/16, 10/17, 10/23, 10/24 Public hearings are 10/9 & 10/16 Final budget vote with any amended changes on 11/6 **NOTE this is a Tuesday to not conflict with Rosh Hashanah.