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HomeMy WebLinkAboutMN-CA-2022-02-23CITY ADMINISTRATION COMMITTEE CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. February 23, 2022 PRESENT: Alderperson Cantelmo – Chair Alderpersons (4): Barken, Defendini, McGonigal [arrived @ 6:07 p.m.], Nguyen OTHERS PRESENT: Alderpersons – Brock GIAC Director – McBean-Clairborne Bridge Systems Engineer – Gebre City Attorney – Lavine Assistant Superintendent of Public Works – Gibson Superintendent of Public Works – Thorne IURA Executive Director – Bohn DIA Executive Director – Ferguson Hangar Theatre Company – Zonder Chief of Staff – Vavra HR Director – Michell-Nunn Controller – Thayer Deputy Controller – Andrew 1. Call to Order 1.1 Agenda Review 1.2 Review/Approval of Minutes: Alderperson Defendini made a motion to approve the minutes from the City Administration Committee meeting held on January 26, 2022. Seconded by Alderperson Nguyen. Motion passed 4-0. Alderperson McGonigal was absent from the vote. Alderperson McGonigal arrived at 6:07 p.m. 1.3 Statements from the Public: Members of the public listed below appeared, virtually, before the Committee in support of the resolution that urged the Department of the Interior (DOI) and the Bureau of Indian Affairs (BIA) to Heed Gayogohó:nǫ’ Removal of Clint Halftown from Representative Role. They mentioned the Two Row Wampum Treaty, which was the first agreement between the Haudenosaunee Confederacy and European settlers, and which commits to noninterference into one another’s governance affairs while proceeding in relationships of peace and friendship. They gave history on how and why Mr. Halftown was appointed and subsequently removed as the Nation Representative. They stated that due to the support from the DOI and BIA, and in contradiction to the Gayogohó:nǫ’ Council of Chiefs & Clanmothers, Mr. Halftown continues to be recognized as the Cayuga Nation representative. Members of the public shared what was currently happening in Seneca Falls by Hafltown and his “crew” toward people speaking out against or not supportive of his regime such as, but not limited to, businesses and wages being threatened, fear that their homes would be taken, denied access to nations newspaper, kids not able to play outside due to fear of violence in their own yards, not able to receive monetary distribution raised by the nation or from Covid relief, and not being allowed to attend Cayuga Nation functions or picnics, etc. City Administration Committee Meeting February 23, 2022 Page 2 The public speakers asked the Committee to help them have a voice, to support the Two Row Wampum Treaty, for the sake of justice, honor, and acknowledgement of the traditional leadership, to do the right thing, to bring awareness to the outside governments on what is happening to the indigenous people in Seneca Falls, and to vote against violence by passing this resolution. Todd Saddler, Ithaca resident Sachem Sam George, One of the Chiefs of the Cayuga Nation Colin Benedict, Ithaca resident LACS Service Class [teacher Jon Raimon & students Lily Corbett & Ellie Bordlemay] Dr. Barbara L. Regenspan, Ithaca resident Kent Wolken, PhD student at the University of Washington in Seattle Cameron Seneca, Seneca Falls resident Maddie Halpert, Ithaca resident Dylan John. Ithaca resident Ruth Samuels, Ithaca resident Margaret Ball, Ithaca resident Leanna Young, Seneca Falls resident Michael Watson, Ithaca resident Aaron Samuel Krupp, Ithaca resident 1.4 Statements from Employees. None. 1.5 Council Response Alderperson Defendini supports the resolution mentioned by the speakers not just from his own personal experience but also because of hearing what was said from the people who live there. The interest of the city should be to represent the people and to keep good relationships with neighboring governments. It is not trying to circumvent existing laws or prioritizing one group over the other. This resolution is to the federal government, saying the city stands with the people of the Cayuga Nation, and that they need new leadership and representation. 2. Consent Agenda Items 2.1 GIAC – Amendment to Personnel Roster Moved by Alderperson Defendini. Seconded by Alderperson Nguyen. WHEREAS, the Greater Ithaca Activities Center (GIAC), has historically provided a safe and reliable space to accommodate job relief, community service, or part-time seasonal workers; and WHEREAS, local courts, justice organizations, social services organizations, higher education institutions, and job training organizations have sought out and come to rely on GIAC as a partner for placing community service and job training participants; and City Administration Committee Meeting February 23, 2022 Page 3 WHEREAS, GIAC’s Custodial Worker is often needed to supervise seasonal custodial staff, volunteers and/or community service placements, many of whom help GIAC meet its custodial needs throughout the year; and WHEREAS, the current title and duties of Custodial Worker do not include nor compensate for supervisory responsibilities; and WHEREAS, changing the position to a working supervisor, such as Custodian would legally allow for the supervision to happen; now, therefore, be it RESOLVED, That the Personnel Roster of the Greater Ithaca Activities Center be amended as follows: Add: One (1) Custodian (40 hours/week) Unfund: One (1) Custodial Worker (40 hours/week) and be it further RESOLVED, That the position of Custodian shall be assigned to the CSEA DPW Unit Compensation Plan at salary grade 4, and be it further RESOLVED, That for the sole purpose of determining days worked reportable to the New York State and Local Employees Retirement System the standard workday for this position shall be established at eight (8) hours per day (forty (40) hours per week), and be it further RESOLVED, That funding for this position shall be derived from the approved 2022 departmental budget. A vote on the resolution resulted as follows: Passed unanimously. 3. Action Items 3.1 DPW - Stewart Avenue Bridge Project Moved by Alderperson McGonigal. Seconded by Alderperson Defendini. 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, and Detail Design; 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 City Administration Committee Meeting February 23, 2022 Page 4 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, and Detailed Design; now, therefore, be it RESOLVED, That 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 Scoping, Preliminary Design, and Detail Design thereof, and be it further RESOLVED, That Common Council hereby establishes Capital Project 910 Improvement of Stewart Avenue Bridge over Fall Creek in an amount not to exceed $155,000, and be it further RESOLVED, That the sum of $110,000 is hereby appropriated from Capital Project #910 and made available to cover the cost of participation in the above phases of the project, and it is 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 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% or $5,500, 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. A vote on the resolution resulted as follows: Passed unanimously. 3.2 DPW - Supplemental Agreement for East State/MLK Jr. Street Mill & Pave Moved by Alderperson Nguyen. Seconded by Alderperson Defendini. City Administration Committee Meeting February 23, 2022 Page 5 A resolution authorizing implementation and funding in the first instance 100% of the federal aid- eligible costs and State “Marchiselli” program-aid eligible costs, of a transportation federal-aid project, and appropriating funds therefore. WHEREAS, a Project for the State St (Rt 79) Mill and Pave, P.I.N. 375620 (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 80% Federal funds and 20% non-federal funds; and WHERAS, Common Council approved a Master Agreement for this project in January 2021; and WHEREAS, on February 2, 2022, the New York State Department of Transportation has provided Supplemental Agreement No. 1 for this project; 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; and WHEREAS, preliminary engineering and design are exempt from further environmental review as Type II actions, now, therefore, the Common Council; now, therefore, be it RESOLVED, That the Common Council hereby approves the above-subject project, subject to further environmental review of construction, and be it further 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 Engineering/Design work for the Project or portions thereof, and be it further RESOLVED, That the sum of $100,000 is hereby appropriated from the issuance of serial bonds and made available to cover the cost of participation in the above phase of the Project, and be it further RESOLVED, That Common Council hereby amends Capital Project # 880, East State/MLK Jr. Street Mill & Pave, to include the additional Project costs of $100,000, bringing the total authorization to $400,000, 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 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 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 City Administration Committee Meeting February 23, 2022 Page 6 RESOLVED, That this project be undertaken with the understanding that the final cost of the Project to the City of Ithaca will be roughly 20% of said portion, currently estimated at $80,000 of the $400,000 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 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, This Resolution shall take effect immediately. A vote on the resolution resulted as follows: Passed unanimously. 3.3 Approval of Modifications to the Allocation of Grant Funding Under the 2021 New York Main Street Grant Program Moved by Alderperson Defendini. Seconded by Alderperson Nguyen. WHEREAS, in 2021 the City of Ithaca Common Council adopted a resolution supporting the Downtown Ithaca Alliance (DIA) grant request to the New York Main Street Program; and WHEREAS, the DIA was awarded $483,000 in 2021 New York Main Street funding; and WHEREAS, the initial grant application included the allocation of $450,000 to support the rehabilitation of four (4) downtown buildings, one for $150,000 and three for $100,000 each; and WHEREAS, after award, three of the initial properties withdrew their interest in participation due to pandemic driven construction cost escalation and difficulty working with New York State grant requirements; and WHEREAS, the DIA issued a second request for projects from property owners within the downtown target area and received three proposals; and WHEREAS, the DIA’s Business Retention & Development Committee, following NYMS guidelines, reviewed and selected two projects to receive funding in the amounts of: - $350,000 for the creation of 12 units of housing in the 117 South Cayuga Street property controlled by Urban Core, LLC; and - $100,000 for the creation of 2 units of housing in the 108 West State Street property owned by STREAM Collaborative (Jen & Noah Demarest); and WHEREAS, the New York State Main Street Grant Program has indicated a willingness to accept this reallocation of funds subject to receiving a resolution of support from the City of Ithaca Common Council; now, therefore, be it City Administration Committee Meeting February 23, 2022 Page 7 RESOVLED, That City of Ithaca Common Council does hereby endorse and support the revised allocation of funds for the Downtown Ithaca Alliance 2021 New York Main Street grant as follows: o $350,000 to be allocated to the rehabilitation of 117 South Cayuga Street, resulting in the creation of 12 units of apartment housing; and o $100,000 to be allocated to the rehabilitation of 108 West State Street, resulting in the creation of 2 units of apartment housing. A vote on the resolution resulted as follows: Passed unanimously. 3.4 IURA - Community Housing Development Fund, Round #22 — Authorize Disbursement of Funds Pursuant to an Executed MOU Moved by Alderperson Barken. Seconded by Alderperson Nguyen. WHEREAS, the Community Housing Development Fund (CHDF) was established in 2009, and renewed in 2015 and 2021, by Memorandum of Understanding (MOU) among and between the City of Ithaca, Tompkins County and Cornell University to raise and award funds to increase the supply of permanently affordable housing in the County; and WHEREAS, the Common Council determined that City contributions to the CHDF should be used solely to assist those projects located within the City of Ithaca; and WHEREAS, the Program Oversight Committee, which includes three City appointees, reviews, and recommends projects for awards, including the amount and funding source; and WHEREAS, the City of Ithaca Common Council retains authority to approve, modify or reject the POC’s recommendation for use of City funds; and WHEREAS, action to authorize disbursement of City funds requires prior completion of environmental review for housing projects; and WHEREAS, the POC recommends the following affordable housing projects for funding: City Administration Committee Meeting February 23, 2022 Page 8 and WHEREAS, pursuant to the MOU, Tompkins County administers the CHDF, including collection of contributions to the CHDF and distribution of funds to project sponsors; and WHEREAS, the Northside Apartments project completed environmental review by the City Planning and Development Board and is scheduled to close on financing in March 2022; and WHEREAS, the City previously authorized disbursement of $102,200 for the project; and WHEREAS, additional requested funding for the Northside Apartment project will enable the project to construct units with full electrification with no on-site fossil fuel use; and WHEREAS, annual City contributions to the CHDF are placed in Restricted Contingency; now; therefore, be it RESOLVED, That the Common Council for the City of Ithaca hereby authorizes an expenditure of up to $100,000 to Tompkins County for the following affordable housing project to implement a recommended funding award for rounds #22 of the Community Housing Development Fund: Project Name: Northside Apartments Location: Hancock Street, Ithaca, NY Community Housing Development Fund Round #22 Recommended Funding Awards Applicant Project # Units Municipality Funding ($1,000s) Cornell County City Total IHA/CHDC Northside Apartments – Additional Award Electrify 82 rentals (C) Ithaca 0 40 100 140 Habitat 417 S Aurora St & 109 Morris Ave Home Revitalization 2 for-sale (C) Ithaca 0 70 0 70 INHS 110 Auburn & 215 Cleveland Ave Rehabilitation 2 for-sale (C) Ithaca 0 120 0 120 INHS Village Grove Townhouses 4 for-sale (V)T-burg 200.01 39.99 0 240 Totals 8 new units 200.10 269.99 100 570 City Administration Committee Meeting February 23, 2022 Page 9 Applicant: Cayuga Housing Development Corp., an affiliate of Ithaca Housing Authority Project Summary: Additional award to install electric heating pumps in place of planned natural gas for the 82 newly constructed rental housing units and be it further, RESOLVED, That Common Council hereby directs the Controller to release housing funds in an amount not to exceed $100,000 from account A1990 Restricted Contingency and transfer the fund to account A8020-5435 Planning Contracts, and be it further RESOLVED, That the $100,000 be appropriated from the current balance in the Housing Fund of $180,000, to fund the $100,000 City portion of the City/County/Cornell Housing Trust for the above listed project, and be it further RESOLVED, That upon receipt of an invoice from Tompkins County, the City Controller is hereby authorized to implement this resolution. A vote on the resolution resulted as follows: Passed unanimously. 3.5 Authorize Eminent Domain Proceeding to Acquire Easement for Improvement of Water System - Negative Declaration of Environmental Significance Moved by Alderperson McGonigal. Seconded by Alderperson Nguyen. WHEREAS, Common Council proposes to authorize the acquisition of an easement by eminent domain for the purposes of improving the City’s water system, and WHEREAS, This is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance §176-4 and the State Environmental Quality Review Act (“SEQRA”) §617.4 b. and is subject to environmental review, and WHEREAS, Common Council, as the agency having primary responsibility for approving and funding or carrying out the action did, on March 2, 2022, declare itself Lead Agency in Environmental Review, and WHEREAS, Common Council, acting as Lead Agency, has on March 2, 2022, reviewed, and accepted as complete a Full Environmental Assessment Form, Parts 1, 2 & 3 prepared by the Attorney’s Office and other related materials, and WHEREAS, Common Council, acting as Lead Agency, after completing a thorough analysis of the Environmental Information and potential environmental impacts associated with the action, has determined, as more clearly elaborated in the FEAF, that proposed amendment will not have any potentially significant adverse environmental impacts, now, therefore, be it City Administration Committee Meeting February 23, 2022 Page 10 RESOLVED, That Common Council determines that the proposed amendment will result in no significant adverse impact on the environment and this Resolution, which was adopted by a majority vote of Council, shall serve as the Negative Declaration (as defined in 6 N.Y.C.R.R. 617.2(y)) for the action, and is issued by Common Council, acting as Lead Agency pursuant to and in accordance with SEQRA in a coordinated environmental review. A vote on the resolution resulted as follows: Passed unanimously. 3.6 Authorize Eminent Domain Proceeding to Acquire Easement for Improvement of Water System - Declaration of Lead Agency Moved by Alderperson Nguyen. Seconded by Alderperson Defendini. WHEREAS, 6 NYCRR Part 617 of the State Environmental Quality Review Law and Chapter 176.6 of the City Code, Environmental Quality Review, require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, Common Council proposes to authorize the acquisition of an easement by eminent domain for the purposes of improving the City’s water system, and WHEREAS, This is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance §176-4 and the State Environmental Quality Review Act (“SEQRA”) §617.4 b. and is subject to environmental review, now, therefore, be it RESOLVED, That the City of Ithaca Common Council, as the agency having primary responsibility for approving and funding or carrying out the action does, by way of this resolution, declare itself Lead Agency in Environmental Review for the proposed acquisition of land. A vote on the resolution resulted as follows: Passed unanimously. 3.7 Authorize Eminent Domain Proceeding to Acquire Easement for Improvement of Water System Moved by Alderperson Defendini. Seconded by Alderperson Nguyen. WHEREAS, the City of Ithaca (“City”) operates a municipal water system through its Department of Public Works; and WHEREAS, the City currently maintains two water main lines on South Hill in the vicinity of South Aurora Street and Hudson Place near the City border with the Town of Ithaca; and City Administration Committee Meeting February 23, 2022 Page 11 WHEREAS, the City desires to connect these two water mains in order to create a loop in the system, which would improve circulation, water quality, and fire flows for the benefit of the general public and City water users; and WHEREAS, in order to connect the two water main lines, the City must obtain a property interest in a portion of the land located at 117-119 Coddington Road (Tax Parcel 115-2-1.1), which interest will consist of an approximately 20-foot-wide easement over approximately 1390 square feet of land that will enable the City to locate a water main extension underneath the subject property; and WHEREAS, Common Council, acting as Lead Agency in Environmental Review, has examined the acquisition of property for the purposes of extending the water main as required by the City of Ithaca Environmental Quality Review Ordinance and the State Environmental Quality Review Act and issued a Negative Declaration dated March 2, 2022; and WHEREAS, the land in which the property interest will be acquired contains no structures and consists solely of unimproved yard space; and WHEREAS, the proposed water main extension will be located underground and will not unreasonably interfere with use of the property; and WHEREAS, there are no reasonably feasible or cost-effective alternatives for routing the water main extension; and WHEREAS, the City has engaged a consultant to obtain an appraisal to value the proposed easement; and WHEREAS, the appraised value of the proposed easement is $3,700; and WHEREAS, the City has made a formal offer to the property owner to acquire the easement for its full value of $3,700; and WHEREAS, the property owner has not accepted the City’s offer; and WHEREAS, Section 74 of the General Municipal Law authorizes the City to acquire title to property by condemnation in the event that agreement with a property owner cannot be reached; and WHEREAS, in the event that the property owner rejects or fails to respond to the offer, the City desires to obtain the required interest in the property by eminent domain for the purpose of expanding and improving the City’s water system; and WHEREAS, the Eminent Domain Procedure Law (“EDPL”) sets forth the procedures by which the City may exercise its powers of eminent domain; now, therefore, be it RESOLVED, That Common Council authorizes the use of the City’s eminent domain powers for the purpose of obtaining an interest in the property located at 117-119 Coddington Road in the event that the City Administration Committee Meeting February 23, 2022 Page 12 property owner rejects or fails to respond to the City’s offer for the acquisition of the property interest; and be it further RESOLVED, That Common Council finds that the acquisition of the property interest will serve a public purpose by enabling the installation of a water main extension that will improve water circulation, water quality, and fire flows to the benefit of the general public and City water users; and be it further RESOLVED, That Common Council determines that condemnation of the property interest—which is valued at $3,700, is limited in size to approximately 1390 square feet of unimproved land, and will result in the siting a subsurface water main that will not unreasonably interfere with use of the property—is an acquisition de minimis in nature so that the public interest will not be prejudiced by the construction of the project, as provided in EDPL 206(D); and be it further RESLOVED, That, in consideration of the foregoing, the City determines that the condemnation qualifies for exemption as provided in EDPL 206; and be it further RESOLVED, That the Department of Public Works, in conjunction with the City Attorney, is authorized and requested to act on behalf of the City with respect to acquiring the interest in the subject property through exercise of the City’s eminent domain powers, including without limitation by filing or causing to be filed any necessary legal proceedings, engaging any consultant or counsel to assist with the condemnation, and expending any funds necessary to complete the condemnation, provided, however, that said funds shall be provided from previously authorized departmental operating budgets or applicable capital project accounts. A vote on the resolution resulted as follows: Passed unanimously. 3.8 Authorization of Transitional Rules for Health Insurance Plan Selection for Active Employees and Those Who Retire Through 2023 Moved by Alderperson Barken. Seconded by Alderperson Nguyen. WHEREAS, in mid-2020, in the face of dire fiscal projections resulting from the then-recent onset of the pandemic, the Common Council established the Platinum Health Insurance Plan (“Platinum Plan”) offered by the Greater Tompkins County Health Insurance Consortium (“Consortium”) as the default health insurance plan covering the City’s managerial employees, suggesting in the process that this change need not impact the health insurance options available to those members of management anticipating near-term retirements; and WHEREAS, on September 1, 2021, Council approved an updated Summary of Fringe Benefits for Managerial Personnel (the “Summary”) without negotiation of the same, because by definition management is not entitled to a collective bargaining agreement and receives such compensation and fringe benefits as determined by the Common Council; and WHEREAS, Section 10 of the Summary, Health & Dental Insurance, codified Council’s decision of the previous year to establish the Platinum Plan as the default health insurance plan covering the City’s managerial employees; and City Administration Committee Meeting February 23, 2022 Page 13 WHEREAS, Section 10 of the Summary also provides that for so long as the Consortium offers the existing Classic Blue Indemnity Plan (“Indemnity Plan”) those employees enrolled in the Indemnity Plan on July 1, 2021, and who do not thereafter leave the Indemnity Plan, may retain the Indemnity Plan by paying an additional employee contribution; and WHEREAS, Employees have raised questions about: (1) how Section 10 affects an employee’s ability to elect the Indemnity Plan as an active employee if they switched to the Platinum Plan in 2020 or 2021, and (2) whether an employee who has elected the Platinum Plan as an active employee can, upon retirement, elect enrollment in the Indemnity Plan; and WHEREAS, the Council now deems it advisable to adopt certain transitional rules to apply in 2022 and 2023 to address the foregoing questions; and WHEREAS, the transitional rules are contained in a document titled City of Ithaca Fringe Benefits for Managerial Personnel Addendum: January 2022 (the “Addendum”), a copy of which is attached hereto as Exhibit A; now, therefore, be it RESOLVED, That the Addendum is hereby approved, and the Transitional Rules for Health Insurance Plan Selection for Active Employees and for Those Who Retire through 2023 set forth therein (the “Transitional Rules”) may take effect immediately. Alderperson Barken made a motion to go into Executive Session to discuss a personnel matter and collective bargaining. Seconded by Alderperson Nguyen. Motion carried unanimously. Alderperson Defendini made a motion to close Executive Session. Seconded by Alderperson Nguyen. Motion carried unanimously. Alderperson McGonigal made a motion to table this resolution. Seconded by Alderperson Nguyen. Motion carried unanimously. 3.9 MOU’s for Outside Organizations Funded in 2022 Budget Moved by Alderperson Barken. Seconded by Alderperson Defendini. WHEREAS, the Common Council included within the 2022 budget funding in restricted contingency for two new non-profits to which the City has not previously directed funding; and WHEREAS, the Common Council additionally included funding for Southside Community Center (“SSCC”), which it has long funded, subject to execution of annual MOU’s specifying the community services that Southside is required to deliver in exchange for the City’s funding; and WHEREAS, the Human Services Coalition (“HSC”) periodically conducts program reviews of various organizations funded by City and County funds, and has expressed its willingness to assist the City with such reviews as contemplated by this resolution; now, therefore, be it City Administration Committee Meeting February 23, 2022 Page 14 RESOLVED, That such funding as Council budgeted in restricted contingency for potential expenditure on services to be rendered by Black Hands Universal (“BHU”) and Unbroken Promises Initiative (“UPI”) shall be processed by the Common Council through satisfactory review and approval of the program review and MOU’s required by the following provisions of this resolution, and thereafter released from restricted contingency in such amount as the Common Council may determine; and be it further RESOLVED, That the City shall request that the HSC conduct, in the same manner as HSC has for many other organizations receiving City or County funding, a program review of BHU and UPI and SSCC, and provide the same to the Common Council for review; and be it further RESOLVED, That upon Council approval of the program reviews, the Attorney’s Office shall prepare for Council approval, separate MOU’s for SSCC, BHU, and UPI: • specifying the community services that each organization is required to deliver in exchange for the City’s funding; • requiring each organization to prepare and, no later than September 1, 2022, file with the City Controller for usage in the 2023 budget process, a report detailing the manner in which City funds were expended by that organization in 2022, how many people were served by that organization and in what manner; and • requiring each organization to agree to collaborate with and amongst SSCC, BHU, UPI, GIAC, and IYB to the maximum extent possible to ensure that services reach a broad population, avoid redundancy, and assist each other in becoming more efficient at serving their overlapping goals. A vote on the resolution resulted as follows: Passed unanimously. 3.10 Resolution Urging the Department of Interior and Bureau of Indian Affairs to Heed Gayogo̱hó꞉nǫʼ Removal of Clint Halftown from Representative Role Moved by Alderperson Nguyen. Seconded by Alderperson Defendini. WHEREAS, the sovereign nations of the Haudenosaunee Confederacy lived sustainably since time immemorial in the region that now includes most of New York State, before the arrival of European colonists; and WHEREAS, the Two Row Wampum Treaty¹ (the first agreement between the Haudenosaunee Confederacy and European settlers in 1613, the principles of which were later extended to the United States) commits to noninterference in one another’s governance affairs while proceeding in relationships of peace and friendship; and WHEREAS, according to the Haudenosaunee Confederacy’s Great Law of Peace², the governing body of the Gayogo̱hó꞉nǫʼ (Cayuga Nation) is the Council of Chiefs; and WHEREAS, according to the Haudenosaunee Confederacy’s Great Law of Peace², Chiefs are chosen City Administration Committee Meeting February 23, 2022 Page 15 by Clanmothers in a consensus process known as coming to “one mind” amongst Nation citizens, Clanmothers, and Chiefs, with their role then confirmed through a “large condolence” process; and WHEREAS, as the Gayogo̱hó꞉nǫʼ Council of Chiefs and Clanmothers has reminded the federal government, within the Gayogo̱hó꞉nǫʼ system of governance, “there is no role of ‘Nation Representative’”³; however, as a courtesy to help ease the U.S. government’s administrative burden of carrying out its contractual and treaty obligations to Indigenous Nations, the Nation’s governing body has previously designated such a representative to serve as a point of contact⁴; and WHEREAS, the person currently recognized by the U.S. Department of Interior (DOI) and Bureau of Indian Affairs (BIA) as the above-described representative of the Cayuga Nation, Clint Halftown, had been acting as a temporary clan representative during an interim period until a Chief was condoled to serve on the Council, but was removed from his representative position by his Clanmother and the Council of Chiefs through governance processes of the Great Law of Peace, as publicly described by the Gayogo̱hó꞉nǫʼ on multiple occasions⁵; and WHEREAS, in open contradiction of the Gayogo̱hó꞉nǫʼ Council of Chiefs and Clanmothers, the DOI and BIA continue to recognize Clint Halftown as a representative of the Cayuga Nation; and WHEREAS, Clint Halftown ordered the February 22, 2020, overnight demolition6 of Gayogo̱hó꞉nǫʼ community buildings in Seneca Falls, including a schoolhouse used for learning language and longhouse ways, and gardens; and WHEREAS, in accordance with the principles of the Two Row Wampum, the Gayogo̱hó꞉nǫʼ have put forth requests for help (including within a May 15, 2021, letter from the Council of Chiefs7), asking those within the U.S. to hold the U.S. government accountable for its failure to heed the Council of Chiefs and Clanmothers’ removal of Halftown; and WHEREAS, in 2013 the City of Ithaca passed a resolution8in support of the Two-Row Wampum Renewal campaign, calling on citizens of the City of Ithaca and on the State of New York to build positive and respectful relations with their Native neighbors and all Native Peoples; now, therefore, be it RESOLVED, That the City of Ithaca urges the DOI and BIA to immediately cease recognizing Clint Halftown as a representative of the Nation, and be it further RESOLVED, That the City of Ithaca will engage with the Gayogo̱hó꞉nǫʼ Council of Chiefs and Clanmothers in all matters pertaining to the City’s government-to-government relationship with the Nation, and be it further RESOLVED, That a copy of this resolution will be sent to the following officials: US President Joe Biden US Secretary of the Interior Debra Anne Haaland City Administration Committee Meeting February 23, 2022 Page 16 US Department of Interior Principal Deputy Assistant Secretary -- Indian Affairs Bryan Newland; US BIA Director Darryl LaCounte; US Bureau of Indian Affairs (BIA) -- Eastern Regional Director Kimberly Bouchard; NY Governor Kathy Hochul; US Senator Charles Schumer; US Senator Kirsten Gillibrand; US Congressperson John Katko US Congressperson Tom Reed; NYS Assemblyperson Anna Kelles; NYS Senator Thomas O’Mara; this resolution will take effect immediately. —-------------------------------- [SUPPORTING DOCUMENTS for Ithaca City Common Council Resolution] Please feel free to consult this list of assembled materials to expand your familiarity with necessary pieces of context you may be unfamiliar with. To help make the list approachable, the sources are labeled with numbers corresponding to a relevant place in the resolution where that document may be informative, in the order these topics arise within the resolution. (These sources have been compiled as a courtesy to help educate those deciding their position on this resolution, but the final draft of the resolution would not include these numbered notes.) After discussion, Alderperson McGonigal made a motion to table this resolution until more information could be obtained. Seconded by Alderperson Barken. A vote on the resolution resulted as follows: Yes (3): Barken, Cantelmo, McGonigal No (2): Defendini, Nguyen Motion passed 3-2. 4. Discussion 4.1 Hangar Theater Building Adam Zonder from the Hangar Theatre Company attended the meeting to discuss with the city the flooding issues at the Hangar Theatre building and how to proceed. During the discussion, three (3) options were suggested: 1) Include the Hanger Theatre flooding issue in the study happening at Cass Park; 2) Purchase flood insurance for the building at the city’s expense; 3) Relocate the Hanger Theatre. After the discussion, it was decided that this item would be put on next month’s agenda to allow time to obtained information on the three options. 4.2 Wage Transparency Legislation City Administration Committee Meeting February 23, 2022 Page 17 The Committee discussed the Wage Transparency Legislation. Pay transparency is about employers including salary ranges and benefits on job postings for vacant positions. The benefits could include health/dental/vision insurance, parental leave, vacation, paid sick days, etc. 5 Meeting Wrap-up 5.1 Announcements. None. 5.2 Next Meeting Date: March 23, 2022. 5.3 Review, Agenda Items for Next Meeting. None. 5.4 Adjourn: With no further business and on a motion by Alderperson Defendini, the meeting was adjourned at 9:40 p.m. 3/22/22, 9:46 AM https://www.cityofithaca.org/Admin/FormCenter/Submissions/Print/6831 https://www.cityofithaca.org/Admin/FormCenter/Submissions/Print/6831 1/3 Print Name* Cameron Seneca Street Address* 2906 State Route 89 Municipality *Note this may be different from your zip code* Seneca Falls State* New York Topic of Discussion* BIA resolution Provide a brief description of the topic you will be addressing. City Administration Committee Public Comment Form - Submission #6831 Date Submitted: 2/21/2022 3/22/22, 9:46 AM https://www.cityofithaca.org/Admin/FormCenter/Submissions/Print/6831 https://www.cityofithaca.org/Admin/FormCenter/Submissions/Print/6831 2/3 Your Comments Cameron Seneca Gayogoho:no’ (Cayuga Nation) Member Our current Federal Representatives for the Cayuga Nation of New York do not follow, respect, or acknowledge any of our traditions our cultural ways. This also goes for Sharon Leroy who has made herself a “Lifetime Secretary”. Clint Halftown’s and Sharon Leroy’s self-appointed council is like living under a dictator. For example, all of us who oppose his regime have had our annuity checks stripped from them for not bending the knee to him. They also no longer keep us on the mailing list for newsletters about what the Cayuga Nation of New York is doing, I am assuming because the newsletter is just propaganda. We are also prevented from attending any of the Nation’s social gatherings and events, both pre-pandemic and post- pandemic. Furthermore, Halftown did not allow us any access to the Covid relief funds and other benefits – I know that those funds were granted by the US Government, and they should have been available to all of us. Halftown always paints us traditional Gayogoho:no’ people as disobedient “dissidents”, but we are really just trying to live according to our custom and tradition. They [Clint & administration] disguise their oppression towards their people with misleading opportunities and improvements on behalf of the Cayuga Nation of New York. In reality they don’t mention or acknowledge our true Chiefs and Clan Mothers, but instead they use illusion and deception to get their way. Instead of using treaty rights the way they should be, they use them for personal gain for their corrupt personal agenda. We have been trying to deal with this problem for years but our cries for help fall onto deaf ears when the people want the rightful change to happen. In the 6 years I’ve been living here on ancestral homelands of my Gayogoho:no’ ancestors, I have not seen or heard of any sort of Gayogoho:no’ Language and/or Culture program, I assume Clint and his self-appointed administration have not even given this a single thought to try to set one up. Some people may not even know this but our Gayogoho:no’ language is on the brink of becoming extinct. But within those 6 years, we “dissidents” were able to create that opportunity for those who wanted to learn our Gayogoho:no’ language, culture, and treaty rights. We “dissidents” were able to learn and teach our children what Gayogoho:no’ means and how to live the way our Creator intended. We “dissidents” were able to reconnect with our ancestors through our language and ceremonies on ancestral homelands. But our good deeds and progress of trying to get closer with our ancestors get deemed “a waste of time” by Clint Halftown and his self-appointed administration council. Once he saw how successful our efforts were, he destroyed our places of gathering and learning. I am referring to the campaign of destruction he directed in the middle of the night on February 22, 2020, where Halftown destroyed our Schoolhouse/Longhouse, Daycare center, multiple on-site single room living accommodations (approx. 6), Gas station/Smoke shop, among other things. Just recently on January 1, 2022 @ approx. 2:00am they [Clint & administration] spent $1 million dollars to acquire a property worth approx. $200,000, just so they could raid/shut down a store operated by a Nation member who opposes his leadership. As a result, another Cayuga family does not have the means to support themselves. I ask myself the question - all of this for what? To prove a point that no one is allowed to become successful? To break our spirits? To continue to oppress the traditional Gayogoho:no’ people? To make us kiss the ring and obey a dictatorship? Over 10 years ago Clint Halftown’s Clan Mother did tell him to step down as a Federal Representative for the Cayuga Nation of New York and was successful. Her reasoning was the same as ours in present day, he does not care for our cultural customs and traditions. But instead of Clint Halftown listening to his Clan Mother’s decision he sought out a decision from the BIA to overrule his Clan Mother’s decision. Put it this way, I’ll use 2 sports for example such as basketball and football, both in the sport category but different kinds of sports. Now let’s say he was in a basketball game and his team lost to the other team. Instead of accepting that loss he decides to appeal the loss to a football board of officials and then they say “with the information he presented us we decided that he won the basketball game and that is final”. That is exactly how Clint Halftown appealed his Clan Mother’s decision to retain his Federal Representative title. Instead of listening to his Clan Mother who knew he was not fit or following our cultural customs and traditions (Clint losing the basketball game), then Clint seeking approval from a different government from ours to ensure his spot as Federal Representative (Appeal to the football board of officials). So, if you have read this far maybe our life experiences won’t fall onto deaf ears this time, I mean we are all ordinary people just trying to live in 2 worlds. The first world we try live is filled with our ceremonies, songs, teachings, our language, living off what nature gives us, and most importantly teaching our children our cultural customs and traditions so they can teach their children. The other world is the one outside of our ceremonies and teachings, the 9 to 5 job life, the working 2-3 jobs life, the living paycheck to paycheck life. Last thing we need is a Clint Halftown Federal Representative who illustrates his title as a King of the Cayuga Indians who thinks he is untouchable by any laws or people. Thank you for your time. Contact Information 3155772990 If you would like to leave your e-mail address or phone number, please do! Thank you for sharing your thoughts with us. Until we can all be together again, we wish you good health! 3/22/22, 9:47 AM https://www.cityofithaca.org/Admin/FormCenter/Submissions/Print/6838 https://www.cityofithaca.org/Admin/FormCenter/Submissions/Print/6838 1/2 Print Name* Dr. Barbara L Regenspan Street Address* 207 Cascadilla Avenue, #1, #1 Municipality *Note this may be different from your zip code* 14850 State* NY Topic of Discussion* 207 Cascadilla Avenue, #1, #1, #1 Provide a brief description of the topic you will be addressing. City Administration Committee Public Comment Form - Submission #6838 Date Submitted: 2/23/2022 3/22/22, 9:47 AM https://www.cityofithaca.org/Admin/FormCenter/Submissions/Print/6838 https://www.cityofithaca.org/Admin/FormCenter/Submissions/Print/6838 2/2 Your Comments Dear Friends: I have a class this evening from 6 to 8:30, so I cannot testify at this evening's meeting. I hope you will read my comments below right before or after Jon Raimon has spoken, and I hope these comments can be recorded in the minutes. I write in an indirect way about this very important issue of the U.S. government empowering a wrong person, the destructive Clint Halftown, to represent the needs and goals of the Gayogo̱hó꞉nǫʼ people against the Constitution of the Haudenosaunee. The issue is not about abstract principles. Halftown has acted against the overwhelming majority of the people who have invested in renewal of a traditional culture that has given us all so much. I say that I address the issue indirectly, because the person I know well in this struggle is the local inspiration of our most loving and thoughtful young people, Jon Raimon, a man who epitomizes the concept of integrity, and the most inspiring teacher it has ever been my honor to know in a life and career devoted to improving teacher education. (My own teaching and research have centered on revision of the history and literature curriculum of the public schools nationally, so that the curriculum represents the knowledge and aspirations of all people, and not the perspectives of dominant groups only.) My own humane children, now in their 30's, continue to attribute the part of their own intellectual and spiritual growth that came during adolescence to Jon's teaching and example. They will also attest to the reality that Jon has personally turned away from devastating depression a number of now life-loving adults who needed a level of moral guidance and reasons to stay alive not accessible to them through family or religious institutions at the time. Further, I know that the views of my children and their peers, and the parents of their peers, as well as the many students who have replaced them share this perspective about Jon's influence on their values and behavior. Jon Raimon is a man put on earth to move young people to take seriously their immeasurable obligations to others, and to find the meaning and joy in their lives in playing out their/our interdependence with all others. I regret that the realities of our culturally segregated society, the busy-ness of contemporary life, and my own aging that, together, tend to keep our daily lives centered in our own small identity groups, mean that I don't directly know the traditional leaders so respected by Jon Raimon, including Dan Hill, Clanmother Birdie Hill, Sachem Sam George, and others. But I do know that the level of respect for and knowledge of these beloved indigenous leaders that Jon Raimon expresses means that they are "the real deal." This means that they need to be empowered by the U.S. government to be the legal and moral respresentatives of their people, and that Clint Halftown must go! Sincerely, Barbara Regenspan, 207 Cascadilla Ave., apt #1, Ithaca, 14850, bregenspan@colgate.edu (permanent e-mail address) and 607-227-9612, Professor Emerita, Colgate University, Dept. of Educational Studies and teacher of "Challenges of Modernity," in Cornell's Summer Session. Contact Information bregenspan@colgate.edu, 607-227-9612 If you would like to leave your e-mail address or phone number, please do! Thank you for sharing your thoughts with us. Until we can all be together again, we wish you good health! 3/22/22, 9:48 AM https://www.cityofithaca.org/Admin/FormCenter/Submissions/Print/6865 https://www.cityofithaca.org/Admin/FormCenter/Submissions/Print/6865 1/2 Print Name* michael margolin Street Address* 124 east spencer street, apt 2 Municipality *Note this may be different from your zip code* 14850 State* NY Topic of Discussion* Pass the Resolution to restore the Gayogo̱hó:nǫ' Council of Chiefs Provide a brief description of the topic you will be addressing. Your Comments Dear George McGonigal and the City Administration Committee, I am a resident of Ward 1, I strongly support the resolution to urge the federal government to remove Clint Halftown and restore the Gayogo̱hó:nǫ' Council of Chiefs and Clanmothers in the city’s government-to-government relationship with the Gayogo̱hó:nǫ' Nation. This is the most appropriate way to address our relationship to the ongoing violence being caused by Clint Halftown. I urge you to pass this resolution in the Common Council without any further delay. While I understand your desire to gather perspectives from both sides, I ask you to not directly contact Halftown as doing so will add nothing given his "government's" views on these issues being publicly published, and will potentially put organizers and those speaking out at avoidable increased risk. His decisions and actions have been detrimental and violent to the wellbeing of the Gayogo̱hó:nǫ' people. Again I urge you to please pass this resolution as a way for Ithaca Common Council to take part in the repair process with the Gayogo̱hó:nǫ' people rather than contribute to further structural harm. Contact Information michael.j.margolin5@gmail.com 518-755-5931 If you would like to leave your e-mail address or phone number, please do! Thank you for sharing your thoughts with us. Until we can all be together again, we wish you good health! City Administration Committee Public Comment Form - Submission #6865 Date Submitted: 2/25/2022