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Home My WebLink AboutMN-CC-2024-09-04YouTube Link: Date: Location: Wednesday September 4, 2024 City Hall Council Chambers COMMON COUNCIL Voting Record September 4th Common Council Meeting Minutes 1.Call to Order 1.1 Emergency Evacuation 2.Agenda Review 2.1 Additions, Deletions, or Changes to the Agenda 3.Reports of Municipal Officials Attendance Record of Voting Members Name Present Absent/Excused Mayor - Robert Cantelmo X 1st Ward - Kayla Matos X 1st Ward - Phoebe Brown X 2nd Ward - Ducson Nguyen X 2nd Ward - Kris Haines-Sharp X 3rd Ward - David Shapiro X 3rd Ward - Pierre Saint-Perez X 4th Ward - Patrick Kuehl X 4th Ward - Tiffany Kumar X 5th Ward - Margaret Fabrizio X 5th Ward - Clyde Lederman X Also Present: Alderperson Kumar participating Remotely. Alderperson Brown absent from the vote on Approval of Minutes due to late arrival. Discussion Summary: YouTube Link: https://www.youtube.com/watch?v=- PNVsKX4Wrg&t=3305s The September 4th Meeting of the Ithaca Common Council is called to order at 6:00pm. Alderperson Kumar will be participating remotely. Timestamp 0:45 Discussion Summary: Emergency Evacuation ready by Mayor Cantelmo for members of the public. Timestamp 1:09 Discussion Summary: Before turning to agenda review, Mayor Cantelmo took the time to recognize September as Suicide Prevention Month. Timestamp 2:03- 2:45 Discussion Summary: Alderperson Fabrizio removed item 7.1 Tenant Voter Registration Proposal from the Consent Agenda. Item 7.1 is now the new item 8.3. There were no objections from other Council Members. Timestamp 2:51-3:04 3.1 Reports from County Legislators 4.Proclamations and Awards 4.1 Quarterly Recognition 5.Review and Approval of Minutes 5.1 Approval of Meeting Minutes 6.Petitions and Hearings of Persons Before Council 6.1 Statements from the Public Discussion Summary: County Legislator Veronica Pillar presented Council with a brief report and updates from the county followed by questions and comments from Council members. Timestamp 3:11- 11:11 Discussion Summary: City Employee Todd LaLonde was nominated by Tom Knipe and recognized for his service to the city for the Quarterly Recognition for September 2024. Timestamp 11:36-13:10 Discussion Summary: Common Council approved the August 7th Common Council meeting minutes. Alderperson Brown was absent from the vote. Timestamp 13:19-13:38 Moved By: Pierre Saint-Perez Seconded By: Kayla Matos Motion Summary: Motion to approve the August 7th Common Council Meeting Minutes Vote Passed 10-0 Carried Unanimously Member Approve Oppose Recuse Robert Cantelmo X Kayla Matos X Ducson Nguyen X Kris Haines-Sharp X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Clyde Lederman X Discussion Summary: members from the public presented council with comments on topics and issues of concern in the city of Ithaca. Timestamp 13:52- 36:55 6.2 Privilege of the Floor - Mayor and Council 7.Consent Agenda 7.1 Tenant Voter Registration Proposal. 7.2 Working Group on Public Works Governance 7.3 Approval of Use & Occupancy Permit for Cayuga Waterfront Trail 7.4 Stewart Avenue Bridge over Fall Creek Project Fund Authorization 7.5 Pedestrian Safety Action Plan Project- CP# 852 8.New Business / Member Filed 8.1 A Local Law to Override the Tax Levy Limit Established in General Municipal Law Discussion Summary: The Mayor and Council responded to public's questions, comments and concerns presented during the Public Comments segment of the meeting. Timestamp 37:01-55:44 Discussion Summary: The consent agenda was moved as amended for approval. Timestamp 55:49 Moved By: Pierre Saint-Perez Seconded By: Clyde Lederman Motion Summary: Motion to approve Consent Agenda as amended. Timestamp 56:08 Vote Passed 11-0 Carried Unanimously Member Approve Oppose Abstain Robert Cantelmo X Kayla Matos X Phoebe Brown X Ducson Nguyen X Kris Haines-Sharp X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Clyde Lederman X Discussion Summary: Item 7.1 is the new item 8.3 8.2 Camden Group Contract for the Wastewater Treatment Plant Discussion Summary: Alderperson Lederman moved and summarized the local law. There was a discussion between council. Timestamp 56:20- 1:05:28 Moved By: Clyde Lederman Seconded By: Ducson Nguyen Motion Summary: Motion to Adopt Local Law to Override the Tax Levy. Roll Call Vote. Timestamp 1:05:36- 1:05:58 Vote Passed 10-1 Member Approve Oppose Recuse Robert Cantelmo X Kayla Matos X Phoebe Brown X Ducson Nguyen X Kris Haines-Sharp X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Clyde Lederman X Discussion Summary: Alderperson Lederman moved and summarized resolution. Superintendent Mike Thorne was present to offer comments and take questions for an in-depth discussion from Council. Timestamp 1:06:10- 1:34:33 Moved By: Clyde Lederman Seconded By: Kayla Matos Motion Summary: Motion to approve the Ithaca Wastewater Treatment Plant Camden Contract Amendment. Timestamp 1:34:40 Vote Passed 11-0 Carried Unanimously 8.3 Tenant Voter Registration Proposal. Member Approve Oppose Recuse Robert Cantelmo X Kayla Matos X Phoebe Brown X Ducson Nguyen X Kris Haines-Sharp X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Clyde Lederman X Discussion Summary: Item 7.1 is the new item 8.3 Tenant Voter Registration Proposal. Discussion Summary: Item 7.1 moved from the Consent Agenda to the new 8.3 Alderperson Kuehl moved and summarized the item. Discussion continued with Alderperson Kuehl's responding to council member's comments and concerns. Timestamp 1:34:54- 2:12:51 Alderperson Matos motioned to Table the item to the next Legislative Priority Meeting. Seconded by Alderperson Nguyen. There was a discussion on the motion. Timestamp 2:13:05- 2:17:49 Mayor Cantelmo called for a Roll Call vote on Alderperson Matos' motion. Motion carried 8-3. Timestamp 2:18:02 - 2:18:40 Moved By: Kayla Matos Seconded By: Ducson Nguyen Motion Summary: Motion to Table the item until the next Legislative Priority Meeting. Vote Passed 8-3 9.Mayor Appointments 9.1 Elective Officers Commission 10.Report of City Controller 10.1 City Controller's Report- Month of September 11.Report of City Manager 11.1 City Manager Monthly Report- Month of September 12.Reports from Council and Staff 12.1 Reports Of City Attorney 12.2 Report Of City Clerk 13.Executive Session 13.1 Discussion of matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person Member Approve Deny Recuse Robert Cantelmo X Kayla Matos X Phoebe Brown X Ducson Nguyen X Kris Haines-Sharp X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Clyde Lederman X Discussion Summary: No formal action taken on this item. There was some discussion between the Mayor and Council. The Mayor will present Council with a set of action items and will keep council informed of what is doable in terms of constituting the group moving forward. Timestamp 2:18:48- 2:26:19 Discussion Summary: No Report submitted for the month of September. Discussion Summary: Due to the two Executive Sessions on the agenda, the City Manager's Report will be given at the next September 11th meetings. Timestamp 2:26:35-2:27:13 Discussion Summary: Nothing to report from the City Attorney's Office. Nothing to report from the Clerk's Office. Timestamp 2:27:20 Discussion Summary: Mayor Cantelmo noted there will be two executive sessions. The first Executive Session will have a vote, the second Executive Session will not have a vote. The first Executive Session is pertaining to the employment of a particular person. The meeting will adjourn with Council entering into the second executive session. Timestamp 2:27:27- 2:28:33 The Mayor moved and read on the record the Resolution Authorizing Waiver of Search Committee Procedure and the Appointment of a City Clerk/Director of Public Information and Technology. Timestamp 3:21:14- Moved By: Pierre Saint-Perez Seconded By: Kayla Matos Motion Summary: Council entered into Executive Session. Alderperson Kumar did not enter into Executive Session virtually. Timestamp 2:28:39 Vote Passed 11-0 Carried Unanimously Member Approve Oppose Recuse Robert Cantelmo X Kayla Matos X Phoebe Brown X Ducson Nguyen X Kris Haines-Sharp X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Clyde Lederman X Moved By: Pierre Saint-Perez Seconded By: Kayla Matos Motion Summary: Council exited Executive Session. Alderperson Kumar is absent from the vote. Timestamp 3:21:00 Vote Passed 10-0 Carried Unanimously Member Approve Oppose Recuse Robert Cantelmo X Kayla Matos X Phoebe Brown X Ducson Nguyen X Kris Haines-Sharp X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Margaret Fabrizio X Clyde Lederman X Moved By: Robert Cantelmo Seconded By: Pierre Saint-Perez Motion Summary: Motion to approve Resolution Authorizing Waiver of Search Committee Procedure and the Appointment of a City Clerk/Director of Public Information and Technology. Timestamp 3:23:15 Vote Passed 10-0 Carried Unanimously Member Approve Oppose Recuse Robert Cantelmo X Kayla Matos X Phoebe Brown X Ducson Nguyen X Kris Haines-Sharp X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Margaret Fabrizio X Clyde Lederman X Moved By: Kayla Matos Seconded By: Clyde Lederman Motion Summary: Motion to extend meeting for one hour. Timestamp 3:23:18 Vote Passed 9-1 14.Meeting Wrap Up Member Approve Oppose Recuse Robert Cantelmo X Kayla Matos X Phoebe Brown X Ducson Nguyen X Kris Haines-Sharp X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Margaret Fabrizio X Clyde Lederman X Discussion Summary: The meeting adjourned with Council entering into the second Executive Session. There will be no vote coming out of this executive session. Timestamp 3:28:28- 3:23:41 Moved By: Pierre Saint-Perez Seconded By: Kayla Matos Motion Summary: Council entered into 2nd Executive session. Timestamp 3:23:47- 3:23:52 Vote Passed 11-0 Carried Unanimously Member Approve Oppose Abstain Robert Cantelmo X Kayla Matos X Phoebe Brown X Ducson Nguyen X Kris Haines-Sharp X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Clyde Lederman X Public Comment Forum Adopted 10-1-2024 Shaniqua Lewis, Deputy City Clerk City of Ithaca Date: Time: Location: Watch Online: Wednesday September 4, 2024 6:00 PM City Hall Council Chambers https://www.youtube.com/@CityofIthacaPublicMeetings COMMON COUNCIL REGULAR SESSION AGENDA 1.Call to Order 1.1. 2.Agenda Review 2.1. 3.Reports of Municipal Officials 3.1. 4.Proclamations and Awards 4.1. 5.Review and Approval of Minutes 5.1. 6.Petitions and Hearings of Persons Before Council 6.1. 6.2. 7.Consent Agenda 7.1. 7.2. 7.3. 7.4. 7.5. 8.New Business / Member Filed 8.1. 8.2. 9.Mayor Appointments 9.1. 10.Report of City Controller 10.1. 11.Report of City Manager 11.1. 12.Reports from Council and Staff 12.1. 12.2. 13.Executive Session 13.1. Emergency Evacuation Additions, Deletions, or Changes to the Agenda Reports from County Legislators Quarterly Recognition Approval of Meeting Minutes Statements from the Public Privilege of the Floor - Mayor and Council Tenant Voter Registration Proposal. Working Group on Public Works Governance Approval of Use & Occupancy Permit for Cayuga Waterfront Trail Stewart Avenue Bridge over Fall Creek Project Fund Authorization Pedestrian Safety Action Plan Project- CP# 852 A Local Law to Override the Tax Levy Limit Established in General Municipal Law Camden Group Contract for the Wastewater Treatment Plant Elective Officers Commission City Controller's Report- Month of September City Manager Monthly Report- Month of September Reports Of City Attorney Report Of City Clerk Discussion of matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person 1 14.Meeting Wrap Up Announcements Next Meeting Meeting Adjourn Public Comment Forum The public can provide short statements during this portion of the meeting. 3 minutes is the maximum time allotted, but the chair reserves the right to modify the amount of time per individual at the start of the meeting. Only the first hour of the meeting is set aside for Public Comment. Groups of 3 or more speakers are allotted more speaking time. For Longer Speaking Time - Multiple speakers on the same topic can speak as a group with one Designated Speaker to represent the Group. This will give you more time to share your thoughts and concerns during the Public Comment Forum. 3-4 Persons with One Designated Speaker - Alotted 5 minutes 5 or More Persons with One Designated Speaker - Alotted 7 minutes Can't Come to the Meeting but still want to speak? Register to Speak Virtually - https://tinyurl.com/7ts9zmku Attending the Meeting to Speak in Person? Pre-Registration Not Required Comment Cards are provided to those who attend in person. Once you have filled out your Comment Card, please hand your card to the Clerk. Your name will be called to speak in the order the cards are received. Please Note Comment Cards will be accepted up until the Public Comment Forum begins or a maximum of 30 speakers, whichever comes first. Once we have reached a maximum of 30 speakers, you can submit your comment using the Written Comment Link Below. Want to Submit a Comment and Not Speak in Person? To Submit Written Comments - https://tinyurl.com/mr9kdhw8 *Written comments submitted with be compiled and entered into the record. 2 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Mayor's Office Shaniqua Lewis, TO:Common Council FROM:Mayor Robert Cantelmo DATE:September 4, 2024 RE:Additions, Deletions, or Changes to the Agenda ITEM #:2.1 MEMORANDUM 3 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Mayor's Office Shaniqua Lewis, TO:Common Council FROM:Mayor Robert Cantelmo DATE:September 4, 2024 RE:Reports from County Legislators ITEM #:3.1 MEMORANDUM 4 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Human Resources Shaniqua Lewis, TO:Common Council FROM:Mayor Robert Cantelmo DATE:September 4, 2024 RE:Quarterly Recognition ITEM #:4.1 MEMORANDUM Quarterly Recognition Nominee Todd LaLonde ATTACHMENTS: Quarterly Recognition Nomination Form_Todd LaLonde_8-7-24 (1).pdf 5 mailto:hrdept@cityofithaca.org?subject Quarterly Recognition QUARTERLY RECOGNITION NOMINATION FORM Candidate for Recognition: Reason for Nomination: Submitted By: Created on 7/3/18 6 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Clerk's Office Shaniqua Lewis, TO:Common Council FROM:Mayor Cantelmo DATE:September 4, 2024 RE:Approval of Meeting Minutes ITEM #:5.1 MEMORANDUM Review and approval of the August 7th Common Council Meeting Minutes. 7 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Common Council Shaniqua Lewis, TO:Common Council FROM:Mayor Robert Cantelmo DATE:September 4, 2024 RE:Statements from the Public ITEM #:6.1 MEMORANDUM Members of the Public share thoughts and comments of topics of interest 8 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Clerk's Office Shaniqua Lewis, TO:Common Council FROM:Mayor Robert Cantelmo DATE:September 4, 2024 RE:Privilege of the Floor - Mayor and Council ITEM #:6.2 MEMORANDUM Mayor and Council's Response To The Public 9 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Common Council Shaniqua Lewis, TO:Common Council FROM:Alderperson Patrick Kuehl DATE:September 4, 2024 RE:Tenant Voter Registration Proposal. ITEM #:7.1 MEMORANDUM Consent - Proposed Ordinance to Require the Distribution of Voter Registration Forms ATTACHMENTS: Voter Registion memo 08_15_2024.pdf Amended -Voter Registration Resolution (1).pdf 10 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 initiativeaims to boost electoral participation among tenants.2.Update Voter Information: Facilitate the Tompkins County Board of Elections in maintaining accurate voterrecords 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 informationon 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).11 -Cities and states around the United States require various types of information to be provided to tenantsby landlords; some cities require full tenants’ rights guides along with voter registration forms. 12 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 providevoter registration materials along with housing rights information to tenants. •New York City: NYC proposed similar legislation (750-2015), which faced opposition from the Real EstateBoard 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 lowervoter turnout compared to other areas. 2.Accurate Voter Records: Transient populations make it challenging to maintain updated and accurate voterrecords. 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 involveprinting and distributing voter registration forms, which the Tompkins County Board of Elections alreadyprovides for free. The cost of these forms is not incurred by the City of Ithaca.13 •Stakeholder Cooperation: Successful implementation requires collaboration with landlords and realtors. Initialcommunications indicate that the additional administrative workload is manageable and should not posesignificant challenges. 14 •Staff time: While staff time on this project could be slightly variable, the most expansive form of this legislationwill 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 withlandlords be more effective? 2.Communication: Which department is best suited to communicate these changes to landlords and coordinatewith 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 thecommunity.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 15 concerns and implementation strategies. 16 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 withphysical 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 enforcement action consistent with existing New York State and Federal provisions requiring landlords to provide select documentation to tenants. 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. 17 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Mayor's Office Shaniqua Lewis, TO:Common Council FROM:Alderperson Tiffany Kumar DATE:September 4, 2024 RE:Working Group on Public Works Governance ITEM #:7.2 MEMORANDUM Consent- 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 18 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: 19 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 20 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. 21 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 22 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. 23 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. ### 24 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Dept of Public Works-Engineering Shaniqua Lewis, TO:Common Council FROM:Tim Logue Director of Planning DATE:September 4, 2024 RE:Approval of Use & Occupancy Permit for Cayuga Waterfront Trail ITEM #:7.3 MEMORANDUM Consent- 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 25 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. 26 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. 27 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 atemporary 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 specificallydescribed 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) 28 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 Stateproperty, 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 ensurefaithful performance of the Permit and compliance with all terms by the Permittee. The State hereby acknowledges receipt ofcheck 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 thevacated 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 eitherparty 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 withthis 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 thatthirty (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 theProperty 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 andrestore 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 ormoney 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 FinanceLaw. Permittee agrees that acceptance by the State of any payment that is less than the permit fee indicated in this Permit isconsidered a partial payment only, insufficient to satisfy the Permittee’s obligation to pay the entire amount due. Suchacceptance by the State is not considered satisfaction of the total amount due. Any interest, penalties, and collection chargesor 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 29 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 reflectthe Permit’s fair market value. In the event the fee is so updated, the State shall send the Permittee a new permit providingfor the updated fee at least 60 days before the new permit is designated to take effect. If the Permittee wishes to remain inoccupancy, the Permittee shall sign and return the new permit to the State no less than 30 days before it is designated to takeeffect. Permittee's timely return of the new permit, properly signed, shall serve to cancel this Permit as of midnight on theday before the new permit is designated to take effect. The Permittee’s failure to sign and return the new permit no less than30 days before it is designated to take effect shall void the new permit and the Permittee will be required to vacate theProperty. 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 PermitEffective 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 generalpublic 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 LiabilityInsurance coverage issued by an insurance carrier licensed to do business in the State of New York for the protection of theState 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 andmaintenance, 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 ofany 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 30 ROW 75 (01/2022) Page 4 of 6 17.Permittee shall nota. 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 fuelkept 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 ordrainage culverts.e. store junked, wrecked, damaged or abandoned vehicles on the Property unless such vehicles are kept more than1000 feet of the right-of-way or be visible from the main traveled way of the Interstate or Federal Aid PrimarySystem, 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 andTraffic Law of the State of New York shall be considered as such, and action shall be taken in accordance with theLaw 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 theProperty 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, allarrangements of services for, removal of garbage, rubbish, litter, snow and ice will be made by the Permittee at thePermittee's expense, unless hereafter specified. The State shall have no responsibility to provide any services not specifically setforth 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 oractivity on the Property inconsistent with law and shall not conduct or allow any use or activity on the Property which mayrequire 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 forpersonal 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 benefitsprovided 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 nocommitment, 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 Federalstatutory and constitutional non-discrimination provisions, the Permittee will not discriminate against any employee orapplicant 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 orany 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 ofthe consideration hereof, does hereby covenant and agree that in the event the use and occupancy on the said Propertydescribed in Item 1 of this Permit for a purpose for which a New York State Transportation program or activity is extendedor for another purpose involving the provision of similar services or benefits, the Permittee shall use and occupy the Propertysuch that (1) no person on the ground of race, color, or national origin, sex, age, and disability/handicap, shall be excludedfrom 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 fromparticipation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the Permittee shall use the Propertyin 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 31 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 thisPermit and to re-enter and repossess said land and the facilities thereon, and hold the same as if said Permit had never beenmade 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 liablefor any damage or injury to the Permittee, its agents, employees, or to any other person, or to any property, occurring on the siteor in any way associated with Permittee’s activities or operations; whether undertaken by Permittee’s own forces or bycontractor or other agents working on Permittee’s behalf. To the fullest extent permitted by law, the Permittee agrees todefend, 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 oroperations, 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 whichcan 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 todetriment 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 beassessed 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 theproperty for use by the State, (e) the cost to remove any installations placed on the Property by the Permittee, (f) the cost oftemporary traffic and safety measures taken to protect the traveling public, (g) unjust enrichment to the Permittee forcontinued 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 32 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 33 Sketch U&O Permit No. 34356 City of Ithaca Cayuga Waterfront Trail (Location 1) 34 Sketch U&O Permit No. 34356 City of Ithaca Cayuga Waterfront Trail (Location 2) 35 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Dept of Public Works-Engineering Shaniqua Lewis, TO:Common Council FROM:Addisu Gebre, Assistant Director of Engineering Services DATE:September 4, 2024 RE:Stewart Avenue Bridge over Fall Creek Project Fund Authorization ITEM #:7.4 MEMORANDUM Consent- 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 36 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 37 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 38 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.” 1039 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Dept of Public Works-Engineering Shaniqua Lewis, TO:Common Council FROM:Addisu Gebre, Assistant Director of Engineering Services DATE:September 4, 2024 RE:Pedestrian Safety Action Plan Project- CP# 852 ITEM #:7.5 MEMORANDUM Consent- 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 40 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 41 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 42 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. 43 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Controller's Office Shaniqua Lewis, TO:Common Council FROM:De[uty City Controller Scott Andrew DATE:September 4, 2024 RE:A Local Law to Override the Tax Levy Limit Established in General Municipal Law ITEM #:8.1 MEMORANDUM Voting Item- 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 44 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. 45 "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. 46 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Department of Public Works Shaniqua Lewis, Deputy City Clerk TO:Common Council FROM:Alderperson Lederman DATE:September 4, 2024 RE:Camden Group Contract for the Wastewater Treatment Plant ITEM #:8.2 MEMORANDUM Voting Item: Resolution for Ithaca Area Wastewater Treatment Plant (WWTP) Camden Contract Amendment No. 3, Revision No. 2 ATTACHMENTS: BU Member filed Camden Contract Amendment #3 Revision #2 partial signature.pdf member filed- Council Resolution, Camden Contract Amendment #3 Revision #2.pdf 47 AMENDMENT #3, Revision #2 OF CONTRACT FOR SERVICES Original Contract Title: Camden Group, Inc., Wastewater Treatment Plant Staffing Original Contract Period: Jan. 7, 2022 through June 30, 2022 1st Extension: July 1, 2022 through June 30, 2023 1st Extension (Revised): July 1, 2022 through December 31, 2022 2nd Extension: Jan. 1, 2023 through December 31, 2023 3rd Extension: Jan. 1, 2024 through December 31, 2024 Original Contract Amount: $60,000 First Amended Additional Contract Amount: $265,880 Unused First Amended Additional Contract Amount: ($139,813) Second Amended Additional Contract Amount: $656,160 Third Amended Additional Contract Amount: $715,000 Third Amended (Revision #1) Additional Contract Amount $886,600 Third Amended (Revision #2) Additional Contract Amount $920,350 This is cost and scope revision #2 to the third amendment to the original CONTRACT FOR SERVICES, First Amended Contract, and Second Amended Contract between: THE CITY OF ITHACA, a municipal corporation with offices at 108 East Green Street, Ithaca, New York 14850, hereinafter called “the City”, and Camden Group, Inc., with offices at 9008 State Route 13, Camden, NY 13316, hereinafter called "the Contractor", to modify the original and subsequently amended contracts referenced above, by expanding the services, which services are more fully outlined in Schedule A – Amendment #3 attached hereto and made a part hereof, and providing an additional $33,750 to the Amendment #3 Revision #1 amount of $886,600 as fully outlined in Schedule B – Amendment #3 (Revision #2), for a total amount of $920,350. This third contract amendment revision #2 provides additional funding for contract operations personnel due to a lack of City staffing to properly operate the facility. All other provisions of said CONTRACT FOR SERVICES shall remain in full force and effect unless modified and agreed to in writing by both parties. As required by the Contract, any applicable Certificates of Insurance must be updated and submitted by the Contractor and verified by the City of Ithaca. IN WITNESS WHEREOF, the parties hereto have executed or approved this Contract amendment on the dates appearing under their signatures. 48 CITY OF ITHACA: BY:____________________________ __________________ Deb Mohlenhoff, City Manager Date ______________________________ __________________ Michael Thorne, Supt. of Public Works Date CONTRACTOR: _____________________________ Date:_______________ Kenneth G. Scherrieble, President SS# or Federal ID #45-2229945 Approval as to Form: ___________________________ Date: __________________ City Attorney ___________________________ Date: ___________________ City Controller ___________________________ Date: _____________________ Mayor 8/20/2024 49 SCHEDULE A—Amendment #3 Revised Scope of Services The existing Contract for Services dated January 7, 2022 and subsequently Amended Contracts between the City of Ithaca and Camden Group, Inc. is further amended as described below: Revised Scope of Services •Continue providing on-site managerial level staffing as described in Amended ScheduleA dated July 1, 2022, with an extended duration through December 31, 2024. •Continue providing additional experienced contract operations personnel as available based on the labor categories described in Schedule B Amendment #3 (Revision #2). 50 SCHEDULE B—Amendment #3 (Revision #2) COMPENSATION AND TERMS & CONDITIONS Services will be billed on an actual Time and Expenses basis using the following rates: Grade 4A Plant/Project Manager: $125.00 per hour Grade 4A Asst. Plant/Project Manager: $125.00 per hour Maintenance Manager: $95.00 per hour Assistant Plant Manager: $100.00 per hour Mileage: $0.655 per mile Incidental Expenses: Actual Cost The original Amendment #3 Not-To-Exceed budget of $715,000 was established for January 1, 2024 through December 31, 2024 as follows, based on anticipated staffing allocation: Grade 4A Project Manager: 12 hrs/week x $125/hr x 52 weeks = $ 78,000 Plant Manager: 40 hrs/week x $125/hr x 52 weeks = $260,000 Maintenance Manager: 40 hrs/week x $ 95/hr x 52 weeks = $197,600 Assistant Plant Manager: 25 hrs/week x $100/hr x 52 weeks = $130,000 Mileage and incidental allowance = $49,400 The additional scope and cost for Amendment #3 (Revised) Not-To-Exceed budget is $171,600, starting July 1, 2024 through December 31, 2024 is based on the additional staffing allocation: 3A Operator: 20 hrs/week x $105/hr x 26 weeks = $ 54,600 Assistant Operators 60 hrs/week x $75/hr x 26 weeks = $117,000 Bringing the total cost of services for the original contract period to: $886,600 The additional scope and cost for Amendment #3 (Revision #2) Not-To-Exceed budget is $33,750 starting September 1, 2024 through December 31, 2024 and is based on the additional staffing: Assistant Operator 25 hrs/week x $75/hr x 18 weeks =$33,750 Bringing the total cost of services for the original contract period to: $920,350 51 Resolution for Ithaca Area Wastewater Treatment Plant (WWTP) Camden Contract Amendment No. 3, Revision No. 2 Offered By: Clyde Lederman, Fifth Ward Alderperson Meeting Date: Wednesday, September 4, 2024 WHEREAS, the Ithaca Area Wastewater Treatment Plant (the “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; 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 required by state regulations; WHEREAS, the Camden contract has been amended several times due to expiration of previous contract periods, and increased scope of services due to a net loss of City WWTP staff; 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 was revised in July 2024 (“Revision No. 1”) to provide additional staffing due to the separations of three additional City WWTP staff, bringing the contract amount to $886,600; WHEREAS, additional City WWTP staff have separated since the July 2024 contract Revision No. 1, and it is necessary again to execute a second revision to expand the scope of services to provide adequate staff coverage for the remainder of 2024; WHEREAS, this second revision was discussed and supported by the Special Joint Committee (the “SJC”) at the August 14, 2024 meeting and further discussed and supported by the recently appointed WWTP Working Group at their initial meeting on August 15, 2024; WHEREAS, the cost of additional staffing coverage for the remainder of 2024 is $33,750 bringing the total 2024 contract cost to $920,350, now therefore be it RESOLVED, that Contract Amendment No. 3, Revision No. 2 with the Camden Group be approved for an amount not to exceed $920,350 for services covering the period from January 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. 52 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Mayor's Office Shaniqua Lewis, Deputy City Clerk TO:Common Council FROM:Mayor Robert Cantelmo DATE:September 4, 2024 RE:Elective Officers Commission ITEM #:9.1 MEMORANDUM Discussion on the proposed establishment of a resident-led commission specifically charged to make recommendations to revise the city’s charter regarding Article II of the City Charter governing the selection, composition, terms, and duties of the elective officers of the City. ATTACHMENTS: Memo-Elective Officers Commission Memo.pdf 53 CITY OF ITHACA 108 East Green St. Ithaca, NY 14850 MAYOR’S OFFICE Robert G. Cantelmo, Mayor Office Phone: 607-274-6502 Email: mayorcantelmo@cityofithaca.org To: Common Council, City of Ithaca Deb Mohlenhoff, City Manager Victor Kessler, City Attorney Alan Karasin, City Clerk From: Mayor Robert Cantelmo Date: September 4, 2024 Re: Elective Officers Commission On July 3, 2024, City Clerk Alan Karasin received a petition in accordance with Section 37 of the Municipal Home Rule Law of the State of New York for a proposed charter amendment pertaining to the manner in which electors select the elective officers of the City of Ithaca. Due to deficiencies in the petition, the Clerk was unable to certify the petition. This decision was reflected in a memorandum submitted by the Clerk on August 1, 2024. On August 14, 2024, the Common Council expressed interest in studying the policy proposals raised in the petition, specifically ranked-choice voting, non-partisan blanket primaries, as well as a general openness to other reforms around the terms, selection, and tenure of the City’s elective officers and structural modifications that may improve voter participation and turnout. Selecting one’s elective officers is one the of most important duties and responsibilities of the citizenry of a democracy. As such, any efforts to amend, alert, change, or otherwise reform this process should be done in as inclusive and transparent way as possible, ensuring the representation of majority and minority voices, and with due consideration of the consequences of both amendment and the status quo. I, therefore, propose the establishment of a resident-led commission specifically charged to make recommendations to revise the city’s charter regarding Article II of the City Charter governing the selection, composition, terms, and duties of the elective officers of the City. Such commission shall consist of not less than nine nor more than fifteen members, all of whom shall be residents of the city. 54 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Controller's Office Shaniqua Lewis, TO:Common Council FROM:Controller's Office DATE:September 4, 2024 RE:City Controller's Report- Month of September ITEM #:10.1 MEMORANDUM No Report Submitted for the Month of September 2024 55 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 City Manager's Office Shaniqua Lewis, TO:Common Council FROM:Deb Mohlenhoff City Manager DATE:September 4, 2024 RE:City Manager Monthly Report- Month of September ITEM #:11.1 MEMORANDUM Monthly Report to Common Council - September 2024 City Manager Strategic Themes Update - September 2024 ATTACHMENTS: CM Monthly Report to CC September 4.pdf City Manager Strategic Themes Updates 9-4-24 Agenda.pdf 56 M E M O R A N D U M Date: September 4, 2024 To: Common Council From: Deborah Mohlenhoﬀ, City Manager RE: Monthly City Manager Report for September 2024 I am pleased to provide this monthly report to Council that will serve as an opportunity to highlight the work of our city departments and give key updates on ongoing initiatives. Also, attached to this report is a tracking form that provides updates on the City Manager’s work mapped to the Strategic Themes set by council at their Legislative Retreat. City Attorney In the wake of several favorable appellate decisions issued in mid-August, the Attorney’s Oﬃce is coordinating with the Building Division regarding ongoing enforcement eﬀorts for exterior property maintenance and other City Code violations. The Oﬃce is also continuing its recruitment process, and continues to support Council, the City Manager, and the City’s departments and boards in carrying out their work. City Clerk’s Oﬃce In the month of August (along with answering phone calls, supporting internal staﬀ, handling legislative issues, etc.) Clerk and Events staﬀ completed the following: •Commons Use Permit 3 •Dog Licenses 59 •Domestic Partnership 17 •FOIL Request Intake 99 •Marriage License 30 •Marriage Oﬃciant 10 •Marriage Transcript 22 •Mobile Vending Permit 3 •Noise Ordinance Permit 13 •Parking Permits for Disability 12 •Permit to Assemble 5 •Permit to Operate 4 •Residential Parking Permit 48 •Special Events 4 This time focus represents an average (i.e. no Special Events or atypical requests) month in the City Clerk’s Oﬃce. 57 Planning & Development Grants •The City was awarded $1.89 million through the competitive Restore NY8 grant program to assist in construction of the Flatiron Building, a $11 million, 24-unit housing project located at 900-912 W. MLK Jr./State Street. Units will be income restricted to households earning up to 80% of Area Median Income (AMI). •The City’s NYS Downtown Revitalization Initiative (DRI) Open Call for Projects closed on 8/21. A public open house is scheduled for Tuesday 9/10 at 5:30 p.m. at the Tompkins County Public Library. The City’s DRI application to New York State is due 10/18. Projects •The Ithaca Downtown Conference Center/Asteri Ribbon cutting on 8/13 was a celebratory aﬀair. 2024 room tax revenues are on budget, and the space is booked for 21 event-days in September. •The Shared Kitchen Ithaca lease was signed and private fundraising by the not-for-proﬁt owner is in process. The target opening for this economic development project supporting local food entrepreneurs is Q12025. https://www.sharedkitchenithaca.com/. •The Ithaca Downtown Plan adoption process has begun! A memo explaining the adoption process and estimated schedule was circulated last week. Memo DT Plan Adoption 8.16.24.pdf (Note that the 8/27 Planning Board meeting was subsequently rescheduled to 9/3). The Draft Plan is on our website and available for review Draft DT Plan for Review . Staﬀ will be presenting to Common Council in September. •OpenGov Implementation. Building has been working hard to integrate housing inspections into OpenGov. We expect a launch by the end of 2024. Building permits, code inspection and electrical inspections are all in OpenGov and operating nicely. Other News •Historic Ithaca's 2024 Preservation Award Ceremony will be Thursday, September 19th. Four projects within the city will receive awards this year, and the City's elected oﬃcials and staﬀ are invited to join the celebration (invitations are in your City mailboxes). Awardees will be announced soon. •The IURA received a positive response from HUD’s Buﬀalo team at their August site visit. The team was impressed with the City’s Entitlement Program and its accomplishments. Board Updates •After 11 years of distinguished service, including 2 years as IURA Chairperson, Chris Proulx is relocating to the Town of Ithaca and has resigned from the Ithaca Urban Renewal Agency. Robert Cantelmo will serve as the new chair and Karl Graham will continue as vice chair •Emily Petrina was recently sworn in as the new chair of the Planning & Development Board. Emily is a registered architect and has served on the Board since 2018. In September we will welcome Jennie Sutcliﬀe to the Board. Jennie is long time resident of Tompkins County and an expert in public health/health policy and emergency preparedness. Staﬀ Updates 58 •We welcomed a new housing inspector, Michael Lucia, in late July. •Emma Recckio started July 29th as the City’s new Grant Administrator. Emma’s ﬁrst undertakings include conducting a needs assessment and developing an organization-wide grant tracking system. •In August we wished happy and well-deserved retirements to Carol Marion, Electrical Inspector, and James Gatch, Housing Code Supervisor. Ithaca Fire Department •Six new ﬁreﬁghters completed week ﬁve of a ﬁfteen-week academy at the New York State Fire Academy in Montour Falls, NY. •The three recruits who completed the Academy in May have completed IFD evaluations and are now assigned to shift and count for staﬃng. •Fireﬁghter Oliver Dragojevic completed rope rescue training course. •Hydrant maintenance continues across the city to ensure they are in good working order. •Construction continues at the new East Hill Fire Station. Anticipate the building to be enclosed by November. •IFD received a $31,272.72 FEMA grant for gear washer and dryer for the new East Hill Fire Station •Members received a Health Care Worker’s bonus through a New York State program to recognize the dedication and risk taken by frontline healthcare works during the COVID pandemic. •Cornell work study student has returned for the school year to continue work on our record digitation project. •Members of the D-Shift made a quick stop on an exterior porch ﬁre on Fayette Street before there was signiﬁcant damage to the building. •Several members completed the Ithaca Women Swimmin’ to raise money for the hospice organization. Human Resources These are the numbers for HR this month: •Inaugural Joint Civil Service Training alongside Tompkins County o 24 City attendees for Civil Service 101 •9 attendees for New Hire Orientation and Safety Training •11 attendees at the Workers Comp Refresher Training for admins (Safety) •17 attendees at the Excavation & Trenching Training (PESH /Safety) •3 New Hires, 0 promotions, 3 Separations, 0 Retirements Ithaca Police Department •We partnered with the Community Justice Center for conversations with Youth at the Shelter •We have 1 new oﬃcer Brayden Russell starting at the Syracuse Police Academy on September 9th. •76 police oﬃcer candidates signed up to take the police exam on September 28th. •We have responded to 14,609 calls for service (January 1, 2024 through August 30th, 2024) Ithaca Youth Bureau Youth Development 59 •Multiple Youth Bureau programs are in need of volunteer mentors, especially male-identifying individuals. •Participants of the Outings Program and Big Brother Big Sisters traveled to Niagara Falls through NYS's Ladders to the Outdoors program. Ladders works with youth organizations to connect kids to their New York State Parks and Historical Sites, outdoor recreation, nature, and foster a lifelong love of the outdoors. •Joe Gibson, Coordinator of Big Brothers Big Sisters, recently became a certiﬁed trainer in Youth and Adult Mental Health First Aid and will be oﬀering trainings for City staﬀ and volunteers. •Youth Employment Service (YES) supported 170 teens this summer with work placements. A number of the teens have been hired into part-time roles with their work sites as a result of their successful experience this summer. •Our Paul Schreurs Memorial Program (PSMP) participants went on a multi-day enrichment trip to NYC where they attended a Broadway show (MJ: The Musical), explored Times Square, visited the USS Intrepid Museum, enjoyed a day at Six Flags amusement park, toured a local college campus, and tried out the food at the popular soul food restaurant, Sylvias. Recreation •We are currently in need of additional volunteer coaches for Rotary Youth Soccer. •Cass Park and Stewart Park Day Camps had a very safe and successful summer with strong attendance and a lot of positive feedback. Program staﬀ have already held a post-camp debrief to identify strengths and opportunities for growth and improvement in 2025. •Fall program registration is in full swing with oﬀerings to include: Airborne Adventures, Cross Country, Intro to Drawing, NFL Flag Football, Pottery (Youth, Adult/Child, Open Studio, Wheel Work, Sculpture Making), Rotary Soccer, Tae Kwon Do, and Tennis Parks •Youth Bureau leadership was made aware of recent incidents of racism at the Stewart Park Splash Pad. YB staﬀ and partners from Friends of Stewart Park have condemned this behavior and are working to develop signage that highlights behavioral expectations and provides contact information to report any future incidents. Our parks are for everyone, and no one should be made to feel unwelcome, ever! •Despite a slightly delayed opening, the Cass Park Pool had a great season. Visitors were very pleased with the renovations. Youth were especially pleased with the new waterslide! •We welcomed the YMCA Pop-Up and Play program to Wood Street Park and McDaniels Park where youth were invited to engage in activities lead by YMCA staﬀ. All participating youth received free toys and craft materials to promote play at home. •Senator Leah Webb presented the City with $120,000 for an addition to the Stewart Park Grand Pavilion which will house all of our day camp program supplies and equipment and open up space in the historic Wharton Studio building for future development. Public Works Superintendent 60 •Continued work with Barton & Loguidice on the FEMA ﬂood mitigation project. Scheduling another technical meeting with FEMA to clarify requirements for ﬂoodwall design. •Continued work on 2025 DPW operating and capital budgets. •Kicked oﬀ initial working group meetings to study WWTP staﬃng issues. Engineering •Design continues for Stewart Ave bridge over Fall Creek (deck replacement) and N Cayuga St bridge over Fall Creek (full replacement). •Design continues for trail extension to the Kirby Edmonds bridge over Rt 13 and the Town of Ithaca's Gateway trail, including access to Buttermilk Falls State Park. •GIAC teen recreation center received a Temporary Certiﬁcate of Occupancy. GIAC is moving in. •Design development continues for Cass Park pavilion and bathroom building replacement project. •Safe Streets and Roads for All project has a project website and interactive map to report safety concerns: www.safestreetstompkins.com. Virtual public meeting was held on July 24, 2024. •Active Transportation Network Plan (MoveIthaca.com) started public engagement. •Reﬁning draft Design Report for Route 13/Cayuga Waterfront Revitalization project (BUILD grant, www.route13ithaca.com). Environmental review and design approval to follow. •Construction will begin September 23rd for the addition to the large pavilion in Stewart Park to house IYB summer camp equipment. •Stewart Park Splash pad completed. •Dryden Road garage repairs are complete. •Sidewalk contractor about halfway through the 2024 work plan. •Sidewalk staﬀ are preparing the draft 2025 work plan, including a public open house on zoom on Sept 5th at 6pm. Streets & Facilities •Started road and curb ramp rehabilitation for the 200 block of Wycoﬀ Ave. •Awaiting quote for additional street paving work for 2024. •Completed stormwater work on S. Aurora St. •Completed stormwater cleaning of catch basins (Citywide) •Continue repair work on S. Cayuga St. and South Hill Terrace. •Completed guiderail repair along S. Aurora St. •Continue with repair of utility ditches throughout City. Water & Sewer •Hired a new Financial Management Assistant (Ami Beeley) to support W&S main oﬃce. •Interviewed several Operator Trainee candidates for the wastewater plant. Top candidate turned us down due to salary. •Began a drain line replacement project at the wastewater plant to correct slope and capacity issues for the newer grit process. 61 •Experienced a break in at our Water & Sewer building. Two broken oﬃce doors, a ruined entry door, lock systems on 5 desks destroyed and $150 in cash stolen. The building is antiquated and does not have secure access points, cameras, or other modern needs to protect millions of dollars in inventory. •Began a water main replacement project on N. Albany at Cascadilla Street intersection. The project will replace antiquated 6", 8" and 4" pipe from N. to S. Albany, some dating back to the 1850s. We will move block by block until the end of the season and pick up where we left oﬀ in the spring. •Completed our water main replacement work on Seneca Street. •Coordinating with a trenching, excavation, and shoring training company to address department deﬁciencies. •Met with Tetra Tech to review draft engineering reports on the Water & Sewer building renovation project. •Issued and received bids on Buﬀalo Street Pump Station grinding pumps and SO2 contracts for the wastewater plant. •Under the Meadow Street Sanitary Sewer Rehabilitation Capital Project, began a cleaning and TV inspection of the Meadow Street interceptor. Lots of issues with debris and standing water. The company got its remote camera stuck in the line and will be attempting extraction this week. If this cannot be done with traditional methods, W&S will need to perform overnight construction and excavation work to extricate the equipment located 14' below the ground surface. •Evaluated a collapsing surge vault in front of the Giles Street Pumping Station. We will need to excavate and reconﬁgure piping so that the vault can be permanently removed. •The water plant crew worked with a contract company to shut the plant down to repair leaks at the raw water valve at the head of the plant. Parking & Commons •Ordered new signage and stickers from Park Mobile to increase adoption and acceptance by the public for on-street payments as our Pay Stations are slowly failing. Currently in the process of aﬃxing the stickers and installing the signs. •All three of our Parking Garages are fully operational and experiencing a dramatic increase in traﬃc and parking revenue collected due to the return of the students. Monthly passes for all garages are almost sold out. •Our commons crew is doing their best to keep up with the increased demands necessitated by the new Asteri Apartment complex and The Conference Center. 62 City Manager Action Items – 9/4/24 Updates This document is a merger of the City Manager’s original 100-day plan and the Strategic Themes set by council at their Legislative Retreat. Items that were completed on the 100-day plan have been removed. Remaining items have been sorted into the council's strategic theme categories. Legislative priorities assigned to staff have also been added to this document. CLIMATE JUSTICE, RESILIENCE, & SUSTAINABILITY -Mitigate impacts of climate change and develop plans for resilience while prioritizing climate justice communities. Goal/Action Item Progress/Action Taken Other Notes/Updates Pass Justice 50 -capital projects committee developed matrix and timeline for incorporating J50 into CP process COMPLETED SOCIAL HEALTH & BELONGING -The City of Ithaca works to make sure that every person, regardless of race, religion, sex, sexuality, nation of origin, or socioeconomic status is a part of a vibrant community. Every person should have access to economic stability, community cohesion, vibrant and beautiful neighborhoods, educational Goal/Action Item Progress/Action Taken Other Notes/Updates Start collaboration with Collegetown BID Staff directed to write memo -Staff prepare short memo on what has been done to date to create a BID in Collegetown 9-4 NO UPDATES Equity and Justice statement to all departments and explore a required diversity training component to employee onboarding process rollout -Identifying use of budget dollars set aside in 2024 budget for implementation of the diversity statement Strategic workplan -HR Director is developing training to be delivered to Senior Staff 9-4 NO UPDATES 63 EFFECTIVE, TRANSPARENT, & COLLABORATIVE GOVERNMENT -A government that provides regular, timely information to the public on progress, opportunities, and challenges; collaborates with municipal and institutional partners to deliver cost-effective services; and offers clear processes and rationales for decision-making. Goal/Action Item Progress/Action Taken Other Notes/Updates Reestablish Advisory Boards These updates will now be provided by the working group chair. Staff are here to support this work as Invite Council to participate in Capital Planning; Create a framework for capital spending/prioritization built from needs study documents for 9/26 presentation to council https://ecode360.com/8385913 switch to Council-Manager form of government charter/code for identified minor inconsistencies COMPLETED will delay a controller search to the end of the year -one Deputy Controller will be working primarily on tasks related to bringing audits up to date Common Council & staff for feedback take feedback and begin work in 2024 on any adjustments -Mayor & CM are working on 2025 Budget Process Guidelines for October EFFECTIVE, TRANSPARENT, & COLLABORATIVE GOVERNMENT (cont’d) are any changes needed to come in line with the more recently negotiated contracts; review management compensation plan and recruitment -City Team: led by Jim Roemer (outside counsel) & includes City Manager, HR Director, Asst. City Attorney, & Deputy Controller and design best pathway forward for separating the City Clerk position from the current Director 9-4 NO UPDATES comprehensive redesign of city’s website and 9-4 NO UPDATES 64 design process for regular content review and updates or policies that need to be modified or created EXAMPLE MODEL: https://tompkinscountyny.gov/ctyadmin/policy/index 9-4 NO UPDATES the City’s brand, media relations, social media strategies, public information strategies, and crisis communication. 9-4 NO UPDATES that employees are receiving regular feedback participants -Collected feedback on meeting frequency, needs for training and resources, and allowed for staff to gather informally and create interdepartmental connections into the City Budget process budgeting and KPIs -internal team meeting with OpenGov representatives to build data bridge between ONGOING 9-4 NO UPDATES COMPLETED 65 COMMUNITY DEVELOPMENT & ECONOMIC VITALITY -The City will strive to be fiscally sound, multi-resourced, diverse, and affordable for all renters and property owners, while balancing available funding with sensible spending. Goal/Action Item Progress/Action Taken Other Notes/Updates Reevaluate CIITAP -staff work is completed unless council wishes to take any action at a later date COMPLETED profits, local leaders of color, etc. help coordinate logistics 9-4 NO UPDATES SAFE & ACCESSIBLE HOUSING -Increase housing access, quality, stability, and sustainability across a range of incomes and housing types, with equitable availability in neighborhoods throughout the city Goal/Action Item Progress/Action Taken Other Notes/Updates Implement a comprehensive approach to serving unhoused population organizations and City staff to work through some of the challenges encountered in policy enforcement; reviewing open cases with outstanding encampment locations and discussing best strategies for mitigating -the City Manager still continues to be the main point of contact for work related to enforcing the city’s encampment policies -Bridge to Shelter working group presented recommendations to County Legislature for consideration -provided a letter of support from the City for REACH Medical’s application to a county RFP to operate a Navigation Hub -started hiring process for Encampment Response Coordinator; integrating outreach partners into the interview and selection process review in September COMPLETED ADU - ONGOING 66 MOBILITY, ACCESSIBILITY, & INFRASTRUCTURE -Respond efficiently to community infrastructure needs & ensure safe and accessible streets and sidewalks for all. Goal/Action Item Progress/Action Taken Other Notes/Updates Innovating solutions to address snow and ice maintenance previous benchmarking research on this topic at September Study Session meeting ‘request tracker’ categories -working on public marketing campaign 9-4 NO UPDATES Live link: https://www.cityofithaca.org/772/SeeClickFix Submitted as part of the City Manager’s report for the September 4, 2024, meeting of Common Council ***PLEASE NOTE: THERE WILL NOT BE A CITY MANAGER REPORT IN OCTOBER DUE TO THE BUDGET PROCESS.** 67 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Shaniqua Lewis, TO:Common Council FROM:City Attorney DATE:September 4, 2024 RE:Reports Of City Attorney ITEM #:12.1 MEMORANDUM 68 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Clerk's Office Shaniqua Lewis, TO:Common Council FROM:City Clerk DATE:September 4, 2024 RE:Report Of City Clerk ITEM #:12.2 MEMORANDUM 69 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Attorney's Office Shaniqua Lewis, TO:Common Council FROM:Mayor Robert Cantelm DATE:September 4, 2024 RE:Discussion of matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person ITEM #:13.1 MEMORANDUM Executive Session to discuss matters pertaining to the employment of a particular person. 70