HomeMy WebLinkAboutMN-COW STUDY SESSION-2024-08-21YouTube Link:
Date:
Location:
Wednesday August 21, 2024
108 E. Green Street Ithaca NY 14850
COMMON COUNCIL COW STUDY SESSION
Voting Record
1.Call To Order
2.Public Hearing
2.1 Public Hearing: A Local Law to Override the Tax Levy Limit Established in
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 Haines-Sharp is out with an excused absence.
Discussion Summary: The August 21st Committee of the Whole Study Session meeting is called to order.
Alderperson Haines-Sharp is not in attendance with an excused absence. Timestamp 0:32
YouTube Video 1/1: https://www.youtube.com/watch?
v=AaFtHA1bjY8&list=PLfplo_VA57eoynrqxkGvi11vxHlwByjZw&index=2
YouTube Video 2/2: https://www.youtube.com/watch?
v=kpXteXtHSWQ&list=PLfplo_VA57eoynrqxkGvi11vxHlwByjZw&index=1
1.1 Emergency Evacuation
Discussion Summary: Mayor read the emergency evacuation notice for the members of
the public in attendance. Timestamp 1:13
General Municipal Law
Discussion Summary: Members of the public was in attendance to offer their comments
during the public hearing. Timestamp 2:10-10:45
Moved By: Pierre Saint-Perez
3.Agenda Review
3.1 Additions, Deletions, or Changes to the Agenda
4.Consent Items
Seconded By: Kayla Matos
Motion Summary: Open Public Hearing for the Local Law to Override the Tax Levy Limit
Established in the General Municipal Law. Alderperson Shapiro stepped away and is absent
for the vote. Timestamp 1:58
Vote Passed 9-0 Carried Unanimously
Member Approve Oppose Recuse
Robert Cantelmo X
Kayla Matos X
Phoebe Brown X
Ducson Nguyen X
Pierre Saint-Perez X
Patrick Kuehl X
Tiffany Kumar X
Margaret Fabrizio X
Clyde Lederman X
Moved By: Pierre Saint-Perez
Seconded By: Patrick Kuehl
Motion Summary: Motion to close the Public Hearing on the Local Law to Override the Tax
Levy Limit. Alderperson Shapiro is now in attendance. Timestamp 10:54
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: No additions or deletions to the agenda. Timestamp 11:11
Moved By: Kayla Matos
Seconded By: Pierre Saint-Perez
Motion Summary: Motion to move Consent Items 4.1-4.3 to the September 4th Common Council
4.1 Pedestrian Safety Action Plan Project- CP# 852
4.2 Stewart Avenue Bridge over Fall Creek Project Fund Authorization
4.3 Approval of Use & Occupancy Permit for Cayuga Waterfront Trail
5.Agenda Planning
5.1 2025 Sidewalk Improvement District Plan- Presentation
5.2 A Local Law to Override the Tax Levy Limit Established in General Municipal Law
Consent Agenda. Timestamp 11:18
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: Peggy Tully, Program Manager for the sidewalk
improvement district, and Tim Logue, Director of Engineering presented Council
with a slide presentation. Discussion began with questions and comments from
Council. 4:33-56:55
There was an interruption in the streaming video. The discussion continues
on a new link, Part 2: Timestamp 0:03- 17:43
https://cityofithaca.granicus.com/apps/peakagenda/meetings/64/minutes/?
meeting_guid=66bc7ab7-55a3-11ef-bafe-005056a89546
Discussion Summary: Deputy Controllers Wendy Cole and Scott Andrew
presented the agenda item. Alderperson Lederman moved and summarized Local
Law. City Attorney Kessler weighed in on the discussion pointing out that this tax
cap is a State Law requirement; if Council does not override the tax cap, then they
cannot exceed the tax cap, and if Council does override the tax cap, they do not
have to exceed the tax cap. Timestamp 17:58-1:12:15
Alderperson Kumar called to question the discussion; it was seconded with no
descent. Mayor Cantelmo requested a roll call vote on advancing the item to the
5.3 Working Group on Public Works Governance
September 4th voting meeting. Timestamp 1:12:25
Moved By: Clyde Lederman
Seconded By: Ducson Nguyen
Motion Summary: Motion to move Local Law to override the Tax Levy Limit to the
Sept 4th Common Council Voting meeting. Timestamp 1:12:25-1:13:17
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: Alderperson Kumar moved and summarized resolution.
There was some discussion between council members with some members briefly
expressing their stand on voting against this resolution. Timestamp 1:13:59-
1:26:57
Moved By: Tiffany Kumar
Seconded By: Kayla Matos
Motion Summary: Motion to move Working Group on Public Works Governance item
to the Sept 4th Common Council voting meeting. Timestamp 1:27:02
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
5.4 Tenant Voter Registration Proposal.
6.Strategic Themes/Legislative Priorities
6.1 Reports From Council Liaisons
6.2 Reports from Working Groups
7.Meeting Wrap-Up
Discussion Summary: Alderperson Kuehl moved summarized the resolution.
Alderperson Kuehl read the resolves verbatim given that there was a minor
language change from the published agenda. The amended version was
previously emailed to Council. There was some discussion with questions from
Council members. Alderperson Lederman Called to Question the discussion. There
was no decent. Council ended discussion and moved on to the vote. Mayor
Cantelmo called a Roll Call Vote for confirmation. Timestamp 1:27:27- 1:41:42
Moved By: Patrick Kuehl
Seconded By: Tiffany Kumar
Motion Summary: Motion to move the Tenant Voter Registration Proposal item to the
Sept 4th Common Council Consent Agenda. Timestamp 1:42:00
Vote Passed 9-1
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: Council members provided updated reports on their
assigned committees. Mayor Cantelmo Timestamp 1:42:39- 1:45:13
Discussion Summary: Council members provided brief updates on assigned
working groups. No report from the Public Works Oversight Group as Council
previously voted on the report. Alderperson Nguyen provided a brief report on the
Labor Protections Working Group during the Liaison report, Alderperson Saint-
Perez gave a brief update on the Advisory Commission Work group, Alderperson
Lederman reported briefly on SJC. Timestamp 1:45:22- 1:46:35
Discussion Summary: Next meeting is the next Common Council Regular Voting meeting
being held September 4th. The Mayor closed the meeting for a meeting of Advice of
Council. Meeting Adjourned Timestamp 1:46:42
Moved By: Pierre Saint-Perez
Seconded By: Kayla Matos
Motion Summary: Meeting Adjourned. Timestamp 1:47:00
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
No Public Comment
Adopted: 9-18-2024
Shaniqua Lewis, Deputy City Clerk
City of Ithaca
Carried Unanimously
Date:
Time:
Location:
Watch Online:
Wednesday August 21, 2024
6:00 PM
108 E. Green Street Ithaca NY 14850
https://www.youtube.com/@CityofIthacaPublicMeetings
COMMON COUNCIL COW STUDY SESSION STUDY
SESSION AGENDA
1.Call To Order
1.1.
2.Public Hearing
2.1.
3.Agenda Review
3.1.
4.Consent Items
4.1.
4.2.
4.3.
5.Agenda Planning
5.1.
5.2.
5.3.
5.4.
6.Strategic Themes/Legislative Priorities
6.1.
6.2.
7.Meeting Wrap-Up
Emergency Evacuation
Public Hearing: A Local Law to Override the Tax Levy Limit Established in
General Municipal Law
Additions, Deletions, or Changes to the Agenda
Pedestrian Safety Action Plan Project- CP# 852
Stewart Avenue Bridge over Fall Creek Project Fund Authorization
Approval of Use & Occupancy Permit for Cayuga Waterfront Trail
2025 Sidewalk Improvement District Plan- Presentation
A Local Law to Override the Tax Levy Limit Established in General Municipal
Law
Working Group on Public Works Governance
Tenant Voter Registration Proposal.
Reports From Council Liaisons
Reports from Working Groups
1. Announcements
2. Next Meeting
3. Meeting Adjourned
No Public Comment
Not all meetings have a Public Comment segment. The City of Ithaca wants to hear from you!
You are encouraged to share your thoughts with Common Council using the options below:
To Submit Written Comments please use the link below.
https://tinyurl.com/mr9kdhw8
*Written comments submitted will be compiled and entered into the record.
1
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:August 21, 2024
RE:Emergency Evacuation
ITEM #:1.1
MEMORANDUM
2
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:City Manager and City Controller's Office
DATE:August 21, 2024
RE:Public Hearing: A Local Law to Override the Tax Levy Limit Established in
General Municipal Law
ITEM #:2.1
MEMORANDUM
A public hearing to receive feedback on a Local Law to Override the Tax Levy Limit
Established in General Municipal Law
3
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:August 21, 2024
RE:Additions, Deletions, or Changes to the Agenda
ITEM #:3.1
MEMORANDUM
4
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:Addisu Gebre, Assistant Director of Engineering Services
DATE:August 21, 2024
RE:Pedestrian Safety Action Plan Project- CP# 852
ITEM #:4.1
MEMORANDUM
A Resolution Requesting authorization to amend CP #852- Pedestrian Safety Action Plan
Project, by an amount not to exceed $390,432.
ATTACHMENTS:
cp 852 Project Memo_Addisu Gebre.pdf
CP 852-08-01-2024 Resolution_Addisu Gebre.pdf
5
CITY OF ITHACA
108 East Green Street, Ithaca, New York 14850-6590
DEPARTMENT OF PUBLIC WORKS
Michael J. Thorne, P.E. Superintendent
Telephone: 607/274-6527 Fax: 607/274-6587
“An Equal Opportunity Employer with a commitment to workforce diversification.”
MEMORANDUM
TO: Common Council
FROM: Addisu Gebre, P.E., PMP - Assistant Director of Engineering Services
DATE: August 1, 2024
RE: Pedestrian Safety Action Plan Project, CP#852
Although this project was completed in 2022, the Project Manager from the Department of
Public Works who was responsible for finalizing funding agreements with the New York State
Department of Transportation (NYSDOT) and requesting reimbursement for the city’s upfront
costs left employment before completing these tasks. The attached resolution will enable the
city to proceed with these activities in a timely manner, and once these steps completed, the
City will be reimbursed 100% of eligible project costs.
The project’s improvements at Cayuga Street at Tompkins Street, Cayuga Street at Lincoln
Street, and State Street at Stewart Avenue include the addition of pedestrian signals, upgrades
to sidewalk curb ramps, and new crosswalk striping. Additionally, the project reconstructed
traffic signals at the signalized intersections of E MLK Jr/E State Street & Stewart Avenue,
Cayuga Street & Lincoln Street, and Cayuga Street & Tompkins Street.
On May 15, 2024, an additional $135,100 in funding became available from (NYSDOT). And, on
July 22, 2024, the Department of Public Works allocated $393,810 in State Touring Route
Program (STR) funds to cover the extra funding needed to complete the project and to cover all
local shares.
Please see the following resolution seeking authorization from Common Council to amend the
Pedestrian Safety Action Plan project (CP #852) by an amount not to exceed $390,432.
If you have any questions, please call me @ 607-274-6530 or email me agebre@cityofithaca.org
cc: Tim Logue, Director of Engineering Services
6
Resolution Pedestrian Safety Action Plan Project,
WHEREAS, a Project for the Pedestrian Safety Action Plan, P.I.N. 375650 (the “Project”) is
eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of
the costs of such program to be borne at the ratio of 100% Federal funds and 0% non-federal
funds; and
WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100%
of the non-federal share of the costs of Preliminary Engineering/Design; Right-of Way
Incidentals and Acquisition, Construction and Construction Inspection; and
WHEREAS, on November 7, 2018, the City of Ithaca established Capital Project #852 in the
amount of $590,000 to cover the cost of Preliminary Engineering/Design, Right of Way
Incidentals and Acquisition and Construction/Construction Inspection work for the Project or
WHEREAS, the $590,000 fund only covers construction of pedestrian safety enhancements,
such as pedestrian signal heads and push buttons, and portions, and
WHEREAS, On May 15,2024 an additional $135,100 (90% Federal, 7.5% State, 2.5% Local Share)
funding was made available by New York State Department of Transportation (NYSDOT), and
WHEREAS, on July 22,2024, the Department of Public Works allocated $393,810 in State
Touring Route Program (STR) fund to cover the extra funding need to complete the project and
cover all local shares; now, therefore, be it
RESOLVED, That Common Council amends Capital Project #852 Pedestrian Safety
Improvements by an amount not to exceed $390,432 for a total project authorization of
$1,115,532, and be it further
RESOLVED, That in the event the full federal and non-federal share costs of the project
exceeds the amount appropriated above, the Common Council of the City of Ithaca shall
convene as soon as possible to appropriate said excess amount immediately upon the
notification by the NYSDOT thereof, and be it further
RESOLVED, That this project be undertaken with the understanding that the final cost of the
Project to the City of Ithaca will be roughly 0% of said portion, currently estimated at $0 of the
$1,115,532 authorized for this portion of the project, in monies and in-kind services as
managed by the Superintendent of Public Works and monitored by the City Controller; and be it
further
RESOLVED, That the sum of $390,432 is hereby appropriated from the issuance of serial bonds
and made available to cover the cost of participation in the above phases of the Project; and be
it further
RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute all
necessary Agreements, and the Superintendent of Public Works is hereby authorized to execute
7
all necessary certifications or reimbursement requests for Federal Aid on behalf of the City of
Ithaca with the New York State Department of Transportation in connection with the
advancement or approval of the Project and providing for the administration of the Project and
the municipality’s first instance funding of Project costs and permanent funding of the local
share of federal-aid and state-aid eligible Project costs and all Project costs within
appropriations therefore that are not so eligible; and, be it further
RESOLVED, That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in connection with
the Project; and be it further
RESOLVED, That this resolution shall take effect immediately.
8
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:Addisu Gebre, Assistant Director of Engineering Services
DATE:August 21, 2024
RE:Stewart Avenue Bridge over Fall Creek Project Fund Authorization
ITEM #:4.2
MEMORANDUM
A Resolution requesting authorization from the Common Council to cover in the first instance
100% of the Federal and non-Federal share of the project cost.
ATTACHMENTS:
Stewart Ave Bridge Project-draft CA-Resolutio_Addisu Gebre.pdf
8-21-2024 COW Study Session Agenda-Final- page 10.pdf
9
Stewart Avenue Bridge Project-Resolution
WHEREAS, a project for the rehabilitation of the Stewart Avenue Bridge over Fall Creek, P.I.N.
375669(“the Project”) is eligible for funding under Title 23 U.S. Code as administered by the
Federal Highway Administration (FHWA), as amended, that calls for the apportionment of the
costs such program to be borne at the ratio of 80% Federal funds and 20% non-Federal funds,
and
WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100%
of the non-Federal share of the costs of Scoping, Preliminary Design, Detailed Design, Right-of-
Way (ROW) Incidentals, and Right-of-Way (ROW) Acquisition, and
WHEREAS this project constitutes a reconstruction of facility in-kind on the same site as well as
maintenance or repair involving no substantial change in an existing facility, and is therefore a
Type II action under the National Environmental Policy Act (NEPA) Regulation and in
accordance with 6 NYCRR Part 617 requiring no environmental review, and
WHEREAS, on February 2, 2022, $110,000 (80% Federal/15% State/5% Local Share) project
funding for the project made available by the New York State Department of Transportation to
cover the cost of participation in Scoping, Preliminary Design, Detailed Design, and Right-of-
Way (ROW) Incidentals, and
WHEREAS, as part of the approved 2023 budget, Common Council authorized $985,000
(anticipating 80% Federal/15% State/5% Local Share) to cover the project’s design and Right-of-
Way phases, and
WHEREAS, on June 19,2024, additional $435,000 (80% Federal/15% State/5% Local Share)
project funding for the project made available by the New York State Department of
Transportation to cover the cost of participation in Preliminary Design, Detailed Design, Right-
of-Way (ROW) Incidentals, and Right-of-Way (ROW) Acquisition; now therefore, the Common
Council, duly convened does herby
RESOLVED, that the Common Council hereby authorizes the City of Ithaca to pay in the first
instance 100% of the Federal and non-Federal share of the cost of Preliminary Design, Detailed
Design, Right-of-Way (ROW) Incidentals, and Right-of-Way (ROW) Acquisition thereof; and
be it further
RESOLVED, That Common Council amends Capital Project #910 by an amount not to exceed
$435,000 for a total project authorization of $1,530,000, thereof; and be it further
RESOLVED, that in the event the full Federal and non-Federal share costs of the project
exceeds the amount appropriated above, Common Council of the City of Ithaca shall convene as
soon as possible to appropriate said excess amount immediately upon the notification by the
NYSDOT thereof, and be it further
10
RESOLVED, That funds needed for said project shall be derived from the issuance of Serial
Bonds with the City’s estimated share of the project cost not to exceed 5% of $435,000 or
$21,750; and it is further
RESOLVED, That the Mayor of the City of Ithaca of the County of Tompkins be and is hereby
authorized to sign all necessary Agreements with New York State Department of Transportation
to secure Federal Aid and Marchiselli Aid on behalf of the City of Ithaca and the Superintendent
of Public Works is authorized to sign all necessary construction documents, contracts,
certifications and reimbursement requests, and be it further
RESOLVED, That the Superintendent of Public Works be and is hereby authorized to
administer the above project, and be it further
RESOLVED, That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in connection with
the Project, and it is further
RESOLVED, That this Resolution shall take effect immediately
11
CITY OF ITHACA
108 East Green Street, Ithaca, New York 14850-6590
DEPARTMENT OF PUBLIC WORKS
Michael J. Thorne, P.E. Superintendent
Telephone: 607/274-6527 Fax: 607/274-6587
MEMORANDUM
TO: Common Council
FROM: Addisu Gebre P.E., PMP
Assistant Director of Engineering Services
DATE: August 1, 2024
RE: Stewart Avenue Bridge over Fall Creek Rehabilitation Project
Please see the attached resolution requesting authorization from the Common Council to cover
in the first instance 100% of the Federal and non-Federal share of the project cost.
On June 19, 2024, the New York State Department of Transportation made an additional
$435,000 (80% Federal/15% State/5% Local Share) in project funding available for the project.
This funding is intended to cover the costs of participation in Preliminary Design, Detailed
Design, Right-of-Way (ROW) Incidentals, and Right-of-Way (ROW) Acquisition.
The City of Ithaca will be reimbursed for 95% of the eligible project cost, up to $413,250. Any
additional costs beyond this amount will be the responsibility of the city.
______________________________________________________________________________
The project will involve rehabilitating the existing bridge to address structural deficiencies and
reconstructing the immediate approaches. Construction is set to begin in spring 2026.
If you have any questions, please call me @ 607-274-6530 or email me agebre@cityofithaca.org
cc: Tim Logue, Director of Engineering Services
“An Equal Opportunity Employer with a commitment to workforce diversification.” 1012
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:Tim Logue Director of Planning
DATE:August 21, 2024
RE:Approval of Use & Occupancy Permit for Cayuga Waterfront Trail
ITEM #:4.3
MEMORANDUM
A Resolution Accepting a NYSDOT Use & Occupancy Permit for the Cayuga Waterfront Trail
ATTACHMENTS:
CC - accept U&O permits for CWT2_Tim Logue.pdf
cover to CC_U&O permit for NYSDOT_Tim Logue.pdf
ROW 75.pdf
34356 Sketch Location 1_Tim Logue.pdf
34356 Sketch Location 2_Tim Logue.pdf
13
Common Council
Proposed Resolution, September 2024
A Resolution Accepting a NYSDOT Use & Occupancy Permit for the Cayuga Waterfront Trail
WHEREAS, the City of Ithaca sponsored a Project for the CAYUGA WATERFRONT TRAIL –
PHASE 2, P.I.N. 395047, (formerly PIN 395024), (the “Project”), and
WHEREAS, a portion of the Project was constructed on lands owned by the New York State
Department of Transportation (NYSDOT), which required that the City accept a NYSDOT Use &
Occupancy permit in order to use and occupy the lands with the Project, and
WHEREAS, with the sale of the former NYSDOT sub-residency parcel (adjacent to the Farmers’
Market), the City of Ithaca received a permanent easement for related segments of the project and
the balance of the Use & Occupancy permit has been revised; and
WHEREAS, Common Council wants the project to continue to exist under the same terms and
conditions to date; now, therefore, be it
RESOLVED, that the Common Council hereby accepts NYSDOT Use & Occupancy Permit
(Permit No. 34356) for $1 Payment Waived for the occupancy within the State’s right-of-way for a
portion of the Cayuga Waterfront Trail, and be it further
RESOLVED, that the City Manager, upon consultation with the City Attorney, be and is hereby
authorized to execute the NYSDOT Use & Occupancy Permit for the Project and any subsequent
papers which might be required for this permit, and be it further
RESOLVED, that this resolution shall take effect immediately.
14
CITY OF ITHACA ENGINEERING DEPARTMENT
108 E. Green Street, Rm 204
Ithaca, New York 14850-6590
OFFICE OF THE CITY ENGINEER
Telephone: 607/274-6530 Fax: 607/274-6587
To: Common Council
CC: Victor Kessler, City Attorney
From: Tim Logue, Director of Engineering
Date: July 31, 2024
Re: NYSDOT Use & Occupancy Permit for Cayuga Waterfront Trail –
Phase 2
When we built the Cayuga Waterfront from Cass Park to the Farmers’ Market some ten
years ago, we got a Use & Occupancy permit from the New York State Department of
Transportation (NYSDOT) to build the trail on property that they owned (namely
around the old NYSDOT residency next to the market and on some properties they
acquired as a part of the Octopus project). In the process of New York State selling the
NYSDOT residency parcel, the City secured a permanent easement for the trail and thus
no longer needs a permit for it. We do still need a permit for two locations as shown in
the enclosed maps. With these changes, NYSDOT has requested a new resolution from
Common Council agreeing to the permit and authorizing someone to sign for them on
the City’s behalf. Please find enclosed a resolution authorizing the City Manager to sign
on behalf of the City. This permit will allow us to keep the trail where it is and maintain
it on lands owned by New York State, including over the trail bridge over the Cayuga
Inlet (right next to the Buffalo Street bridge), and on a small parcel along the west side
of the Flood Control Channel. I have requested the insurance coverage from the Ithaca
Agency.
15
ROW 75 (01/2022) Page 1 of 6
Permit Account No.:
Permit Type:
NEW YORK STATE DEPARTMENT OF TRANSPORTATION
OFFICE OF RIGHT OF WAY
PERMIT FOR TEMPORARY USE OF STATE PROPERTY
This is a legally binding document. You may wish to consult with your attorney before signing.
P.I.N.:
Property Location:
Project:
Map and Parcel Nos.:
County:
Town/City/Village:
Permittee’s Adjoining Property:
Address:
County: Town/City/Village:
THIS PERMIT, made this________day of________________, _____ between
_________________________________________________________________________________________________________,
_________________________________________________________________________________________________________,
“Permittee”; and the COMMISSIONER OF TRANSPORTATION FOR THE PEOPLE OF THE STATE OF NEW YORK,
hereinafter referred to as “the State”,
WITNESSETH:
WHEREAS the State is the owner of or has jurisdiction over the above identified property, hereinafter referred to as “Property” ; and
WHEREAS the Permittee wishes to use and occupy said Property on a temporary basis understanding that the permit is revokable at
will;
NOW, THEREFORE, the State hereby grants this permit to the Permittee, subject to the following covenants and conditions:
1.The parties acknowledge that this instrument is not a lease but is merely a permit to occupy and use the State’s Property for a
temporary period of time, and therefore a landlord-tenant relationship is not hereby created; and further, that since this is
not a lease, Section 5-321 of the General Obligations Law does not apply to this permit to the extent permitted by law,
hereinafter referred to as “Permit.”
2.Property description and use:
As depicted on the sketch attached hereto and made a part hereof. The Property covered by this Permit shall be used only
for above described use and for no other purpose whatsoever. Permittee shall not sublet the Property nor assign or
transfer the Permit to any other parties in part or in whole without the prior written consent of the State.
a.The Permittee acknowledges that this Permit is a temporary license. Any construction, repair,
reconstruction, or relocation of any installations on Property is expressly prohibited except as specifically
described above.
34356
Airspace
3950.47.221
Rte 96 RM 2122-2123 Loc.1:East of Park Rd & West of Cayuga Inlet;Loc.2:North of W Buffalo St Bridge at Cayuga Inlet
Meadow Street Arterial; SH 95-2; Cayuga Waterfront Trail Phase 2
Map Nos. 109T, 110T, 111T Parcel Nos. 148, 149, 150 & 151
Tompkins
City of Ithaca
City of Ithaca
108 East Green Street, Ithaca, NY 14850
Portion of Cayuga Waterfront Trail (Location 1 consists of 856 +/- SF; Location 2 consists of 933+/- SF)
16
ROW 75 (01/2022) Page 2 of 6
b.No capital investment or any other permanent or semi-permanent feature shall be made or built on State Property.
c.The conduct, growth, success or continuity of any Permittee business activity is not dependent on the use of State
property, and the Permittee shall not rely on the use of the Property for such purpose.
d.Unless the Permit is revoked or cancelled, Permittee shall certify annually that any business activity is consistent
with the terms of a 30 day revocable permit, and they have no other right or interest in the State’s Property.
3.This Permit shall be effective as of _______________.
4.The fee to be charged shall be: _______________ per _______________ beginning _______________.
5.The Permitee acknowledges the State’s right to collect a security deposit. This sum will be retained as security to ensure
faithful performance of the Permit and compliance with all terms by the Permittee. The State hereby acknowledges receipt of
check number _______________ in the amount of _______________ received on _______________ by
______________________________________. The Permittee understands and agrees that prior to return of the security
deposit, the Regional Property Management Unit must be contacted at the end of the permit term for inspection of the
vacated Property in accordance with the provisions herein.
.
6.This Permit shall be renewed automatically for successive terms of one month each unless terminated or canceled by either
party in accordance with this Permit.
7.Either party may terminate this Permit at any time upon thirty (30) days’ written notice to the other and in accordance with
this paragraph:
a.The State may terminate this Permit for convenience at any time upon thirty (30) days’ written notice to the
Permittee at the address listed above and Permittee will be required to vacate the Property at the expiration of that
thirty (30) day period.
b.Permittee may terminate this Permit by giving thirty (30) days’ written notice to:
NYSDOT Office of Right of Way
Regional Property Management Unit
and the permittee will be required to vacate the Property within that thirty day period.
c. The State may cancel this Permit for cause (breach of any term, condition, or provision of this Permit) upon ten (10)
days written notice to the Permittee and the Permittee will be required to vacate the Property and the State may
immediately take possession and terminate all rights of the Permittee as of such moment.
d.Upon termination or cancellation of the Permit by either party, the Permittee shall remove all installations and the
Property must be restored to its original condition, all at Permittee’s sole cost and expense within thirty (30) days if
terminated or within ten (10) days if cancelled for cause. Should the Permittee fail to remove the installations and
restore the site, the Permittee shall reimburse the State for any and all costs incurred by the State for the restoration
of the Property.
8.Payment of fee is due on the first of the month unless otherwise stated. Fee must be paid by check, bank cashier's check or
money order payable to "Department of Transportation" and mailed or delivered to:
New York State Department of Transportation
Revenue Unit, POD 5-2
50 Wolf Road Albany, New York 12232
9.The Permittee understands and agrees that if the full amount of the fee as stated herein is not paid within thirty days from the
date payment is due, interest penalties and collection fees will be imposed under the provisions of Section 18 of State Finance
Law. Permittee agrees that acceptance by the State of any payment that is less than the permit fee indicated in this Permit is
considered a partial payment only, insufficient to satisfy the Permittee’s obligation to pay the entire amount due. Such
acceptance by the State is not considered satisfaction of the total amount due. Any interest, penalties, and collection charges
or assessments will continue to accrue. Permittee waives any right to assert otherwise.
09/01/2023
$ 1 Year 09/01/2023
N/A
333 East Washington Street
Syracuse, NY 13202
17
ROW 75 (01/2022) Page 3 of 6
10.The Permittee understands and agrees that the fee charged by the State for this Permit may be updated by the State to reflect
the Permit’s fair market value. In the event the fee is so updated, the State shall send the Permittee a new permit providing
for the updated fee at least 60 days b efore the new permit is designated to take effect. If the Permittee wishes to remain in
occupancy, the Permittee shall sig n and return the new permit to the State no less than 30 days before it is designated to take
effect. Permittee's timely return of the new permit, pro perly signed, shall serve to cancel this Permit as of midnight on the
day before the new permit is designated to take effect. The Permittee’s failure to sign and return the new permit no less than
30 days before it is designated to take effect shall void the new permit and the Permittee will be required to vacate the
Property.
11.The Permittee understands and agrees that unless a new fee is established by the State’s appraisal obtained at the State’s
discretion, the fee to be charged as indicated in Paragraph 4 shall be increased by 2% on the anniversary of the Permit
Effective Date as follows:
Year Fee
1 _______________
2 _______________
3 _______________
4 _______________
5 _______________
Increases at a 2% rate shall continue each subsequent anniversary of the effective date of the Permit until a new Use and
Occupancy Permit is issued.
12.The State may record a Notice of Permit against the Permitee’s adjoining property, putting the Permitee and the general
public on notice of such Permit.
13.This Permit supersedes the permit number _______________ issued to _______________________________________
in the amount of _______________ per _______________ and approved by the Director, Office of Right of Way on
_______________, if applicable.
14.Permittee, at the Permittee's expense and for the term of the Permit, shall furnish and show evidence of General Liability
Insurance coverage issued by an insurance carrier licensed to do business in the State of New York for the protection of the
State of New York and Permittee against any claims, suits, demands or judgments by reason of bodily injury, including
death, and for any claims resulting in property damage occurring on the Property.
a. Such General Liability Insurance shall be in the amount no less than _______________ for residential permittees
and _______________ for commercial permittees (combined property damage and/or bodily injury, including death)
single limit per occurrence, shall name the People of the State of New York as an additional insured and include a
(30) thirty days’ prior written notice of any cancellation or major change in the policy conditions.
b. Approval of this Permit shall be contingent upon receipt, by the State, of a copy of a properly executed insurance
certificate.
c.The Permit shall be voided if insurance is cancelled, modified or lapses.
d.Such insurance certificates must be updated and resubmitted annually by the anniversary date of the Permit to:
NYSDOT Office of Right of Way
Regional Property Management Unit
15.Permittee is responsible for any repairs, improvements, or maintenance work of any kind on the Property at Permittee's
expense. The State may, at any time, periodically inspect the Property to determine whether same is in good repair and
maintenance, structurally sound, and that no unsafe, hazardous, unsanitary, or defective conditions exist.
16.Permittee hereby agrees to admit State representatives and prospective purchasers or permittees to examine the Property
during reasonable business hours. The Permittee also agrees to allow the parties responsible for the maintenance and safety of
any existing power lines, telephone lines, poles, water, gas and sewer lines or drainage culverts, to enter upon the permit area
at any time.
$ 1
$ 1
$ 1
$ 1
$ 1
33843 City of Ithaca
$ 1 year
9/3/2014
$ 300,000
$ 2,000,000
333 East Washington Street
Syracuse, NY 13202
18
ROW 75 (01/2022) Page 4 of 6
17.Permittee shall not
a. place advertising or sponsorship signs on the Property without the express written consent of the State.
b. place or store, or allow others to place or store, any flammable, explosive, hazardous, toxic or corrosive materials,
debris of any description, garbage or any materials commonly referred to as "junk" within the Property, except fuel
kept in the fuel tanks of legally parked vehicles allowed under the terms of this Permit.
c. erect, construct or install any lights, signs, fences or other fixtures on the Property without the written approval of
the State.
d. allow the installation or construction of any power lines, telephone lines, poles, water, gas and sewer lines or
drainage culverts.
e. store junked, wrecked, damaged or abandoned vehicles on the Property unless such vehicles are kept more than
1000 feet of the right-of-way or be visible from the main traveled way of the Interstate or Federal Aid Primary
System, in compliance with Section 136 of the United States Code as amended by Title II of the Highway
Beautification Act. All vehicles falling within the abandoned category as defined by Section 1224 of the Vehicle and
Traffic Law of the State of New York shall be considered as such, and action shall be taken in accordance with the
Law to ameliorate this nuisance.
f. create, conduct, or expand any permittee business activity on the Property inconsistent with the terms of this 30
day revocable permit, nor shall the Permittee rely on the use of Property for such purpose.
Failure to comply with this paragraph may result in a ten (10) days’ written notice of cancellation of the Permit in accordance
with Paragraph 7 of this Permit. The Permitee is responsible for the removal of these materials and/or all expenses incurred in
their removal.
18.Permittee is responsible for keeping and maintaining the Property in a safe and clean condition, preventing damage to the
Property and for the regular and prompt removal of garbage, rubbish, litter, snow and ice. Permittee agrees and understand
that no trees, shrubs, landscaping, or other naturally occurring flora may be removed or disturbed in any fashion without prior
approval of the State.
For occupants remaining at the site temporarily after an acquisition of property by the State pursuant to the EDPL, all
arrangements of services for, removal of garbage, rubbish, litter, snow and ice will be made by the Permittee at the
Permittee's expense, unless hereafter specified. The State shall have no responsibility to provide any services not specifically set
forth in writing herein.
19.Permittee is responsible to maintain the occupancy in compliance with any and all applicable local, State, and Federal laws,
ordinances, codes, rules and regulations affecting the use of the Property. Permittee shall not conduct or allow any use or
activity on the Property inconsistent with law and shall not conduct or allow any use or activity on the Property which may
require a permit or other approval by a government agency without having lawfully obtained such permit or approval.
20.The State shall have no responsibility whatever for the loss or destruction of any improvements made by the Permittee or for
personal property stored or being used on the Property.
21.It is understood and agreed by and between the parties that the Permittee will not be entitled to any relocation benefits
provided under State and Federal law.
22.Permittee agrees and understands that the State is under no obligation to sell the Property to the Permittee and that no
commitment, express or implied, is made by the State to give the Permittee any right of purchase.
23.In accordance with Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal
statutory and constitutional non-discrimination provisions, the Permittee will not discriminate against any employee or
applicant for employment because of age, race, creed, color, national origin, sexual orientation, military status, sex, disability,
predisposing genetic characteristics, or marital status. Neither shall the Permittee discriminate in the use of the Property or
any access thereto if such Property are used as a public accommodation or in connection with a public service.
24.The Permittee for his/her self, and/or the Permittee’s personal representatives, successors in interest, and assigns, as a part of
the consideration hereof, does hereby covenant and agree that in the event the use and occupancy on the said Property
described in Item 1 of this Permit for a purpose for which a New York State Transportation program or activity is extended
or for another purpose involving the provision of similar services or benefits, the Permittee shall use and occupy the Property
such that (1) no person on the ground of race, color, or national origin, sex, age, and disability/handicap, shall be excluded
from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said Property, (2) that,
no person on the grounds of race, color, or national origin, sex, age, and disability/handicap, shall be excluded from
participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the Permittee shall use the Property
in compliance with all other requirements imposed by or pursuant to title 49, Code of Federal Regulations, Part 21,
Nondiscrimination in Federally-assisted programs of the Department of Transportation – Effectuation of Title VI of the Civil
19
ROW 75 (01/2022) Page 5 of 6
Rights Act of 1964; and to Title 23 Code of Federal Regulations, Part 200, Title VI Program and Related Statutes –
Implementation and Review Procedures; and further as said Regulations may be amended.
25.That in the event of breach of any of the above nondiscrimination covenants, the State shall have the right to terminate this
Permit and to re-enter and repossess said land and the facilities thereon, and hold the same as if said Permit had never been
made or issued, except that any Permit fees due and owing shall survive the termination of this Permit.
26.Permittee agrees that, in addition to any protection afforded to State under any available insurance, State shall not be liable
for any damage or injury to the Permittee, its agents, employees, or to any other person, or to any property, occurring on the site
or in any way associated with Permittee’s activities or operations; whether undertaken by Permittee’s own forces or by
contractor or other agents working on Permittee’s behalf. To the fullest extent permitted by law, the Permittee agrees to
defend, indemnify and hold harmless the State and their agents from and against all claims, damages, losses and expenses,
including but not limited to attorneys’ fees, arising out of any claim, including but not limited to claims for personal injuries,
property damage or wrongful death and/or environmental claims, in any way associated with the Permittee’s activities or
operations, no matter how caused.
27.If any of the provisions of this Permit are held invalid, such invalidity shall not affect or impair other provisions herein which
can be given effect without the invalid provisions, and to this end the provisions of this Permit are severable.
28.This Permit shall not be effective unless accepted and approved in writing by the State.
29.The Permittee understands and agrees that a Highway Work Permit must be obtained from the State Department of
Transportation prior to any construction, reconstruction, repair, or significant maintenance on the Property.
30.Damages.
Time is of the Essence for the termination date of this Permit and is an essential part of the Permit. The public is subject to
detriment and inconvenience if the full use of the State’s property cannot be made available because Permittee fails to vacate.
The parties acknowledge that, in addition to all other rights, claims or causes of action against the Permittee Damages will be
assessed in an amount per day including but not limited to the following (a) the U&O fee set forth in paragraph 4 above, , (b)
the expenses incurred by the State in undertaking all steps necessary to make the Property available, (c) the estimated loss of
revenue to the State during the time the Property is not available for the uses to which the State intends, (d) cost to restore the
property for use by the State, (e) the cost to remove any installations placed on the Property by the Permittee, (f) the cost of
temporary traffic and safety measures taken to protect the traveling public, (g) unjust enrichment to the Permittee for
continued use of the Property after termination of the Permit, (h) all interest, fees, penalties and costs incurred by the State.
This paragraph shall survive the termination of the permit and will remain in effect for so long as the Permittee remains on
the Property.
Additional Clauses:
None
20
ROW 75 (01/2022) Page 6 of 6
Certification
I hereby certify that I will not build any permanent or semi-permanent structure on the State owned property that is subject
of this permit, that cannot promptly be removed upon 30 days’ notice upon termination by the State; that I understand usage
of state property may be short term and that I have contemplated all costs and impact of this permit and will fully comply
with the requirements herein.
Permittee certifies that the conduct, growth, success or continuity of any permittee business activity is not dependent on the use of
State Property, nor shall the permittee rely on the use of Property for such purpose. Permittee certifies that any business activity is
consistent with the terms of a 30 day revocable permit.”
In consideration of the granting of the Permit, each of the undersigned accepts all of the above terms, conditions and provisions.
Permittee Name:
BY:
__________________________________________________ __________________________________________________
Signature Signature
__________________________________________________ __________________________________________________
Type or Print Name Type or Print Name
TITLE: ___________________________________________ TITLE: ___________________________________________
__________________________________________________ __________________________________________________
Signature Signature
__________________________________________________ __________________________________________________
Type or Print Name Type or Print Name
TITLE: ___________________________________________ TITLE: ___________________________________________
RECOMMENDED:
__________________ ______________________________
Regional Real Estate Officer Date
ACCEPTED and APPROVED: Commissioner of Transportation for the People of the State of New York
BY:
_____________________________________________ __________________
Director, Office of Right of Way Date
City of Ithaca
21
Sketch
U&O Permit No . 34356
City of Ithaca
Cayuga Waterfront Trail
(Location 1)
22
Sketch
U&O Permit No. 34356
City of Ithaca
Cayuga Waterfront Trail
(Location 2)
23
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:Peggy Tully and Tim Logue
DATE:August 21, 2024
RE:2025 Sidewalk Improvement District Plan- Presentation
ITEM #:5.1
MEMORANDUM
An overview of the Sidewalk Program and law for Common Council Members
24
CITY OF ITHACA
108 East Green Street, Ithaca, New York 14850-6590
Controller's Office
Shaniqua Lewis,
TO:Common Council COW Study Session
FROM:De[uty City Controller Scott Andrew
DATE:August 21, 2024
RE:A Local Law to Override the Tax Levy Limit Established in General Municipal
Law
ITEM #:5.2
MEMORANDUM
A Local Law to allow the City of Ithaca to adopt a budget for the fiscal year commencing
January 1, 2025, that requires a real property tax levy in excess of the “tax levy limit” as
defined by the General Municipal Law
ATTACHMENTS:
Laid on Table 7-29-2024 -2024 Tax Cap Override.pdf
Tax Cap Memo 8-7-2024.pdf
25
A Local Law to Authorize the Override of the Tax Levy Limit Established in Section 3-c of
the General Municipal Law for the Fiscal Year Commencing January 1, 2025
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Local Law No. 2024 –
Section 1. Legislative Intent.
It is the intent of this local law to permit, but not require, the City of Ithaca to adopt a budget for
the fiscal year commencing January 1, 2025, that requires a real property tax levy exceeding the
“tax levy limit” as defined by section 3-c of the General Municipal Law of the State of New
York.
Section 2. Authority.
This local law is adopted pursuant to subdivision 5 of section 3-c of the General Municipal Law,
which expressly authorizes a local government’s governing body to override the tax levy limit
for the coming fiscal year by the adoption of a local law approved by a vote of at least sixty
percent of the total voting power of said governing body.
Section 3. Tax Levy Limit Override.
The Common Council of the City of Ithaca is hereby authorized, but not required, to adopt a
budget for the fiscal year commencing January 1, 2025, that requires a real property tax levy in
excess of the amount otherwise prescribed in section 3-c of the General Municipal Law.
Section 4. Severability.
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 5. Effective Date.
This Local Law shall be effective immediately upon filing in the office of the Secretary of State.
26
"An Equal Opportunity Employer with a commitment to workforce diversification."
CITY OF ITHACA
108 East Green Street, Ithaca, New York 14850-5690
Telephone: 607 / 274-6576 Fax: 607 / 274-6415
MEMO
To: Common Council
From: Scott Andrew, Deputy City Controller
Re: A Local Law to Override the Tax Levy Limit Established in General Municipal Law
Date: August 1, 2024
It is the intent of this local law to allow the City of Ithaca to adopt a budget for the fiscal year
commencing January 1, 2025, that requires a real property tax levy in excess of the “tax levy
limit” as defined by General Municipal law §3-c. This local law is adopted pursuant to
subdivision 5 of General Municipal Law §3-c, which expressly authorizes a local government’s
governing body to override the property tax cap for the coming fiscal year by the adoption of
a local law approved by a vote of sixty percent (60%) of said governing body. The primary
purpose of the adoption of the local law is to allow ourselves a “safety net” in the event that
Council wants to approve a budget in excess of the tax cap limit. Our intent will be not to
exceed the tax cap and to adopt a budget within the tax cap.
27
CITY OF ITHACA
108 East Green Street, Ithaca, New York 14850-6590
Mayor's Office
Shaniqua Lewis,
TO:Common Council COW Study Session
FROM:Alderperson Tiffany Kumar
DATE:August 21, 2024
RE:Working Group on Public Works Governance
ITEM #:5.3
MEMORANDUM
Resolution in Adoption of the Recommendations from Working Group on Public Works
Governance
ATTACHMENTS:
Public Works WG Adoption Resolution -2.pdf
Memo- Public Works WG Adoption Resolution .pdf
28
Proposed Resolution
City of Ithaca Common Council
July 2024
Adoption of the Recommendations from Working Group on Public Works
Governance
WHEREAS,at the February 7,2024 Common Council meeting,the Working group for
Public Works Governance was created with the charge to:deliberate over the best
mechanisms for oversight,transparency,operations,and administration of the
aforementioned scope and authority of the BPW,and make legislative
recommendations to Council to meet those needs,and
WHEREAS,the working group,consisting of alderpersons Tiffany Kumar (Chair),Kayla
Matos,and Margaret Fabrizio,as well as Superintendent of Public Works Mike Thorne,
Assistant Superintendent of Public Works Scott Gibson,and Assistant City Attorney
Maury Josephson,met according to city policy and weighed several pathways toward
public works governance and devised these recommendations,therefore,be it
RESOLVED,that the Common Council adopt these recommendations and charge city
staff members to begin moving forward with its implementation,and be it further
RESOLVED,that the Working Group on Reviving City Advisory Commissions take
these recommendations into account as they deliberate,and be it further
RESOLVED,that the language of the adopted recommendation is as follows:
29
1
M E M O R A N D U M
Date:May 15,2024
To:Common Council
From:The Working Group on Public Works Governance
Chair:Tiffany Kumar;Members:Kayla Matos,Margaret Fabrizio,Mike Thorne,
Scott Gibson &Maury Josephson
RE:Legislative Recommendations from the Working Group on Public Works
Governance
EXECUTIVE SUMMARY
These recommendations of the Working Group on Public Works Governance aim to
enhance the transparency,efficiency,and responsiveness of public works management
in the City of Ithaca.By proposing the dissolution of the existing Board of Public Works
and suggesting the formation of the Public Works,Accessibility,and Transportation
Commission,we aim to streamline governance structures while increasing democratic
engagement.The recommended changes not only address the historical overlaps and
confusions in decision-making authority but also aim to ensure that public input remains
an aspect of public works policy.The working group’s consideration of various
governance frameworks has culminated in a series of recommendations that respect
both the expertise of city staff and the governance prerogatives of the Common Council.
By aligning these shifts with broader changes in City government,the working group
hopes to set a foundation for a more integrated and effective approach to managing
Ithaca's public infrastructure.
LEGISLATIVE HISTORY AND LEGISLATIVE THEMES
Currently,the scope and authority of the Board of Public Works is as follows:The Board
of Public works shall take charge and,subject to the limitations herein contained and
the direction and review of the Common Council,shall have control of the following
departments of the City government,of the property belonging thereto and of the
appropriations made therefor:Water (except that it shall not in any manner fluoridate the
water under the control of the Water Department of the City government),sewers and
drains,streets and sidewalks,creeks and bridges,streetlighting,parks,cemeteries,
garbage,public buildings and property (but not public buildings and equipment
exclusively in the Fire Department service),and such other departments as may be
assigned to the Board under the provisions of §C-82 of the Ithaca City Charter.
At the 2020 June 11th meeting of the City Administration Committee,the Committee
responded to complaints of issues arising from the Board of Public Works (the “BPW”)
as well as staffing challenges brought on by the pandemic by submitting a draft local
30
Memorandum:Report of the Working Group on Public Works Governance
2
law and ordinance to dissolve the BPW and redistribute its authority to Common
Council,the Mayor,the Superintendent,and/or other staff designees as appropriate.
The BPW has faced dissolution before,over similar issues regarding overlaps in
authority and barriers to efficiency.Although that proposal did not move forward,the
issues persisted.As a result of and following the pandemic,the BPW has not been
successful in performing its functions or holding regular meetings.
The Working Group found that,although there is a need to replace the BPW,there are
also many benefits to retaining a separate forum for public works governance.BPW
meetings were historically well attended by the public and supported by Common
Council.The BPW was also the last step before litigation to address grievances after
other bureaucratic avenues had been exhausted.This was a straightforward
mechanism for the public to receive direct feedback on the requests and issues they
raised.Additionally,we feel it is important that there is a democratic channel through
which to appeal the decisions of the Department of Public Works.
NEED FOR LEGISLATIVE ACTION
●The issues with the BPW surrounded a lack of clarity regarding decision-making
authority.There is a problematic overlap of authority between the Board of Public
Works and the Common Council.This lack of clarity and final responsibility has
led to a high level of confusion,disagreement and strained organizational
dynamics regarding the role and responsibility of the Board in relation to the
Common Council,sometimes even burdening staff with conflicting direction.
●Additionally,there were many redundancies in the mandates of the BPW the
Mobility,Accessibility,and Transportation Commission,both of which are
expected to advise on issues such as streets and sidewalks,parking,and
transportation.Members of the Department of Public Works (DPW)have
remarked that the BPW often only served as a barrier to efficiency.
●However,there still exists a need for a separate mode of public works
governance,and the BPW is not effectively filling that role.
●The Council has shown a great deal of interest in restarting the city’s commission
structure.
●Additionally,there have been many concerns raised by the public,city staff,and
council members about a lack of a mechanism for public or Common Council
input in DPW priorities.
PROJECTED IMPACT
The issue of public works governance and responsibilities and lack of clarity on these
matters has affected the City,Common Council,and the public for quite some time.The
working group is confident that the proposed governance structure recommended here
will efficiently preserve the benefits of the Board of Public Works while doing away with
the challenges it presented.We would like to establish a clear line of public works
authority,as well as a democratic channel for public feedback.
31
Memorandum:Report of the Working Group on Public Works Governance
3
This legislation would allow for the public and the City to become more informed on
each other ’s limitations and imperatives and for the Council to efficiently make the most
informed decisions possible regarding public works issues.Council members will
regularly receive expert input as well as input on the community’s needs,and balance
the two accordingly.
FEASIBILITY
We believe that the most feasible course of action is that,upon the dissolution of the
existing Board of Public Works (subject to referendum),the Mobility,Accessibility,and
Transportation Commission be replaced by the Public Works,Accessibility,and
Transportation Commission,which will retain its advisory commission status and take
over the portfolio of the BPW.The Working Group has prepared the following proposed
language that would reflect the mandate of the new commission:
The purpose of the Public Works,Accessibility,and Transportation Commission is to
provide the Common Council,appropriate committees thereof,the City's quasi-judicial
boards,and City staff with advisory research,public input,and analysis for matters
related to the Department of Public Works,water,sewers and drains mobility,
accessibility,and transportation,including,but not limited to,bicycles,pedestrians,
sidewalks,parking,traffic calming and management,public transit,multi-use trails,taxis,
and accessibility for persons with disabilities.Its new duties should be to advise on the
following:
1.Water,except that it shall not in any manner fluoridate the water under the control
of the Water Department of the City government;
2.Sewers and drains;
3.Streets,sidewalks,sidewalk maintenance,sidewalk improvement districts,street
lighting,and multi-use trails;
4.Parking,parking garages,residential parking permits,traffic calming,and traffic
management;
5.Creeks and bridges;
6.Parks;
7.Obstacles to equal rights,access,and privileges of persons with disabilities;
8.All forms of public transit within,into,and from the City of Ithaca and the
surrounding area;
9.Bicycle and pedestrian access and infrastructure;
10.Cemeteries;
11.Garbage;
12.Public Buildings and Property,but not public buildings and equipment exclusively
in the Fire Department service;
13.To advise on issues related to taxi,limousine,and livery services and all other
forms of private vehicular transportation for hire;
14.To serve as a means of engaging in community outreach and receiving
community input on the above-described subject matter in a manner consistent
32
Memorandum:Report of the Working Group on Public Works Governance
4
with the diversity,accessibility,and sustainability goals of the City and in
conjunction with all appropriate commissions,as necessary,to achieve such
goals.
We believe that the commission should adopt the standard advisory commission
legislation format within the system already in place,with the hope that our work can
supplement and easily fold into the final recommendations of the Working Group for
Reviving City Advisory Commissions.However,we believe that the commission should
have a separate standing meeting each month,to be used at the discretion of the
commissioners,to solicit public feedback and DPW input on the prioritization of
maintenance issues and other public work initiatives.This will allow for a better public
understanding of DPW’s process for prioritizing repairs and other improvements and a
direct mechanism for DPW to receive public input.
The dissolution of the BPW will require a referendum.To provide sufficient time to
receive public and staff feedback,permit Council consideration,meet the technical and
procedural requirements for introducing and passing the legislation,and meet County
and State requirements for preparing and submitting an appropriate item to the
Tompkins County Board of Elections for inclusion on the ballot,the Working Group
recommends finalizing and approving legislation in 2024,which would permit a
referendum in 2025.
QUESTIONS FOR STAFF
There are duties currently allocated to the BPW that will have to be relocated to either
the Common Council,the Mayor,the City Manager,or the Superintendent of Public
Works-or some combination of the four.Although legal recommendations for this were
included in the 2020 draft legislation to dissolve the BPW,they did not take into account
the new city manager model nor the move towards moving the advisory duties into the
city’s commission structure.Therefore,a question to staff is:How could we best
accomplish this reallocation under the new structure?What could potential timelines
look like?
Are there any funding or budgetary impacts in addition to the ones already detailed?
Additionally,Council,community,and staff input on these recommendations will be
instrumental.How can the working group best be helpful with implementing and fleshing
out this proposal?
BUDGET IMPLICATIONS &FUNDING
Although more staff feedback on this is required,the funding implications should be
minimal,and might include costs such as those associated with running the
referendum,holding meetings for the reconfigured comission,and seeking members.
33
Memorandum:Report of the Working Group on Public Works Governance
5
PUBLIC FEEDBACK
In order for the legislation to pass,there is a required period of public input.Additionally,
the City should seek forums to permit community groups and members of the public to
seek more information and submit suggestions.
If this legislation is approved by Council and proceeds to referendum,there should be a
strong effort from the City to publicize the benefits of the change and the impact of
voting for it.
NEXT STEPS
We recommend that the Working Group for Reviving City Advisory Commissions
include our report in their final recommendations.
Additionally,as the city moves towards a potential referendum,it is imperative that
these changes are communicated clearly and openly to ensure broad public support
and understanding.
###
34
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:August 21, 2024
RE:Tenant Voter Registration Proposal.
ITEM #:5.4
MEMORANDUM
Proposed Ordinance to Require the Distribution of Voter Registration Forms
ATTACHMENTS:
Voter Registration Resolution.pdf
Voter Registion memo 08_15_2024.pdf
35
Legislative Memo Resolution – Voter Registration
WHEREAS the Common Council has discussed a proposal in concept to require that new tenants and
property owners in the City of Ithaca be furnished with voter registration forms, and
WHEREAS the Common Council reviewed this proposal in committee in May, June, and July 2024, and
WHEREAS the final draft of the legislative memorandum from July 17, 2024 identifies, as its objectives,
increased voter turnout and representation and updated voter information, and
WHEREAS comparable legislation has been implemented in various cities across the United States, including
Washington, DC; Seattle, WA; and New York, NY, now therefore be it
RESOLVED that the Common Council directs the City Manager to produce a draft ordinance for review in
Committee of the Whole that addresses the following elements through City Code:
1. Adds a requirement that new tenants and property owners in the City of Ithaca be furnished with
physical voter registration forms by the lessor or seller, as applicable;
2. Adds a requirement that absentee ballot information be provided to lessees upon the signing of their
lease agreement;
3. Adds a private right of action for tenants or buyers to enforce this right in a court of competent
jurisdiction,
And be it further
RESOLVED that the Common Council receive periodic updates from the City Manager as to the progress
of this item in the City Manager’s monthly report.
36
M E M O R A N D U M
Date: 04/19/2024
To: Common Council
From: Patrick Kuehl
RE: Register New Residents of Ithaca Ordinance
EXECUTIVE SUMMARY
The proposed ordinance change mandates that landlords and realtors provide voter registration forms to new
tenants and property owners in the City of Ithaca. The primary objectives are to:
1. Increase Voter Turnout and Representation: Targeting wards with high transient populations, this initiative
aims to boost electoral participation among tenants.
2. Update Voter Information: Facilitate the Tompkins County Board of Elections in maintaining accurate voter
records by tracking residents' address changes.
This initiative aligns with my commitment to enhancing voter turnout and engagement in local elections,
particularly in areas with significant transient populations.
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 within two weeks of the agreed upon move in date.
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 either physically or electronically.
LEGISLATIVE HISTORY AND PRIORITIES
While the city of Ithaca and Tompkins County have expanded opportunities for voting through early voting and
increased polling sites, there is still low turnout among transient populations.
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.
- Landlords in Ithaca are required to provide information on floodplains.
- Landlords in Ithaca are required to provide information on disability rights.
- 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 (HPD). 37
- 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.
38
Comparable legislation has been implemented in various regions across the United States:
• District of Columbia and Seattle, Washington: Both regions 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.
Legislative Priorities:
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. This article published this year by the Ithacan
highlights the criticality of this measure.
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.
NEED FOR LEGISLATIVE ACTION
1. Low Voter Turnout in Transient Wards: Notably, wards with high student populations show significantly lower
voter turnout compared to other areas.
2. Accurate Voter Records: Transient populations make it challenging to maintain updated and accurate voter
records.
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. While accurate statistics on an increase in voter participation
in areas which have implemented similar legislation are difficult to gather, there is a general trend that has been
attributed to this and similar initiatives in Seattle.
FEASIBILITY
• Cost Implications: Implementation is not expected to incur significant costs. The primary expenses involve
printing and distributing voter registration forms, which the Tompkins County Board of Elections already
provides for free. The cost of these forms is not incurred by the City of Ithaca. 39
• 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.
40
• 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.
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. After speaking with Stephen Dewitt, he does
not foresee supply of voter registration forms as an issue.
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?
BUDGET IMPLICATIONS & FUNDING
No significant budget implications are anticipated.
PUBLIC FEEDBACK
This memo will be presented at the July 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.
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.
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 41
concerns and implementation strategies.
42
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:August 21, 2024
RE:Reports From Council Liaisons
ITEM #:6.1
MEMORANDUM
43
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:August 21, 2024
RE:Reports from Working Groups
ITEM #:6.2
MEMORANDUM
44