HomeMy WebLinkAboutMN-CC-2022-02-02COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. February 2, 2022
PRESENT: Mayor Myrick Alderpersons (9) Brock, McGonigal, Brown, Gearhart, Barken, Mehler, DeFendini,
Lewis, Cantelmo
OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Lavine
City Controller – Thayer
Human Resources Director – Michell-Nunn Chief of Staff – Vavra ABSENT:
Alderperson Nguyen PROCLAMATIONS/AWARDS: Sister City Proclamation:
Mayor Myrick explains what a Sister City proclamation is. An informal agreement between two cities by the chief executive from each country. Founded post WW2 to bring two communities together. Says it can bring cities together, even when nations are disagreeing. Formed between two cities that have some sort of similarities. Very excited about this relationship because of the ties that already exist. Thank Seth Acrawfoo,
anthropologists David Holmburgh and Kathrine March, through their work at Cornell University, held a great recognition event in December where they received Sir Edward Hillary Mountain Legacy Medal for their many decades of friendship and assistance to Nepal.
WHEREAS, Ithaca and Pokhara share an array of basic characteristics, including exceptionally scenic lakeside landscapes; multiple prestigious institutions of higher education; diverse and tolerant populations; important tourism and agricultural sectors; and
WHEREAS, Ithaca and Pokhara both serve as gateways to recreational regions, Ithaca to the Finger Lakes, renowned for its spectacular state parks, featuring magnificent gorges and waterfalls, with world class wine and beer producers as well as fine dining that features an exceptional variety of cuisines and has diverse public events and celebrations; and Pokhara to the Annapurna Area Conservation Project, the most
visited mountaineering and trekking area in the country that is itself synonymous with mountain tourism and a destination universally recognized as one of the last best places on Earth; and WHERAS, both Ithaca and Pokhara offer the advantage that, as partners, they provide
a multiplier effect on account of long-established academic, commercial, political, and organizational likeages with other urban centers as well as numerous smaller municipalities, an advantage that will be greatly enhanced by the ongoing enhancements of both local airports to handle international flights, so that in
establishing a privileged relationship with Pokhara, Ithaca will be effectively bonded with
the entire nation of Nepal; and WHEREAS, linkage between Ithaca (and through it the Finger Lakes region) and Pokhara (and through it Nepal) will motivate educational exchanges for high school
students through research opportunities for university students; enhance recreational
and cultural tourism through pre-travel contacts so that short-term adventures are more likely to generate lifelong friendships; and facilitate entrepreneurial ventrues; and
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NOW, therefore be it resolved, that Ithaca, New York, USA, and Pokhara, Nepal, shall be recognized as Sister Cities under the terms of and with the objectives prescribed by Sister Cities International,
IN WITNESS WHEREOF, I have hereto set my hand and caused the great seal of the City of Ithaca to be affixed to this proclamation on the 2nd day of February in the year 2022.
Seph accepts the proclamination. Seph: Thanks Mayor Myrick for carrying the ball on
this long process. Looking forward to more complications coming. Write to him for more projects/suggestions at sistercities@mountainlegacy.org. Presentation of J. Diann Sams African-American History Month Recognition
Award Honoring Mrs. Eloise D. Barrett: By Alderperson Brock: Seconded by Alderperson Brown WHEREAS, since 2004 the City of Ithaca Common Council has recognized an individual in our community of great esteem and stellar leadership during African-American History Month and, in so doing, established a tradition of honoring
outstanding leadership, courage against unspeakable odds, and an unwavering commitment to community that is in keeping with the vision of Dr. Carter G. Woodson, founder of Black/African-American History Month; and WHEREAS, the late Alderperson J. Diann Sams was a heralded civil rights leader,
longtime public servant, and the first African-American woman who also was a person with a disability to serve on Common Council, including as the first Black woman to serve as acting mayor; and WHEREAS, Common Council first bestowed this honor in 2004 on Alderperson Sams
following her retirement after representing the Second Ward and the City’s populace for a decade; and WHEREAS, Common Council renamed this annual recognition posthumously in 2007 to honor Alderperson Sams’s tireless efforts on behalf of people of color, the
underrepresented, and other marginalized populations in and around Ithaca while, as a single parent, raising two sons who later established careers in law enforcement; and WHEREAS, since 2004, outstanding leaders across the greater Ithaca area have received this recognition from Common Council as being “a person who advocates for
social justice and change, racial equity, and fairness in the judicial and educational systems while also demonstrating a willingness to speak out publicly on behalf of the aforementioned objectives”; and
WHEREAS, the names of each of these recipients are emblazoned on a plaque affixed
in the Common Council Chambers and included with each year’s resolution, which list sets forth a standard of excellence for this recognition embodied through pioneers such as: • 2005 - Dr. James E. Turner: professor emeritus, world-renowned scholar, and founding director of the Africana Studies and Research Center at Cornell University
• 2006 - Mr. Calemeze (Cal) D. Walker: community advocate, visionary leader with the Village at Ithaca, foster parent with his wife Glenda Walker to scores of children across the greater Ithaca area, and former chairman of the Community Campaign for the United Way of Tompkins County
• 2007 - the late Mrs. Frances Eastman: a pioneer in her own right as the first woman of
color supervisor of medical records at the former Tompkins County Hospital, cherished community elder, and Tompkins County “Senior Citizen of the Year”; and of contemporary note • 2013 - Mrs. Leslyn E. McBean-Clairborne: former Tompkins County Legislator (2001-
2021) who, in 2020, became first person of color to ascend — then be re-elected in
2021 — to the role of Chair of the Tompkins County Legislature; and WHEREAS, Dr. Woodson’s lifelong devotion to educating African Americans about their own culture and history as part of U.S. history led to the modern-day, monthlong
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observance of Black, or African-American, History Month, highlighting the positive impact people such as this award’s recipients have on society; and
WHEREAS, an individual who has made such an indelible stamp upon Ithaca’s history
and is so revered that she is worthy of community acknowledgement is Mrs. Eloise D. Barrett, retired public and community servant who maintained a laser-like focus on helping scores of local youth overcome barriers and achieve personal success; and
WHEREAS, Mrs. Barrett, a 1975 graduate of Ithaca High School, learned the
importance of helping others by watching her father, the late Bishop Cecil A. Malone, help the community through the pulpit, skilled trades, or through counseling, instilling in her the importance of the whole person;
WHEREAS, additionally, through her experiences with the Explorers’ Post of the then-
Tompkins County Sheriff’s Department and Ithaca Youth Court, Ms. Barrett saw the value of supporting the dreams and aspirations of those facing multiple barriers to successful living; and
WHEREAS, in 1988, Mrs. Barrett began working with the City of Ithaca Youth Bureau,
bringing to bear her life’s experiences to that point and, when assuming her role with the Paul Schreurs Memorial Program, began what she considered her “Dream Job” for the next 30 years; and
WHEREAS, through her work at the Youth Bureau, Mrs. Barrett found she could help
youth in the Ithaca City School District and beyond use education as a route to academic success and, more importantly create opportunities where they “belonged”: could be heard, cared about and supported consistently from 6th grade through graduation and further while creating a similar environment for parents to help their
children succeed; and
WHEREAS, through Mrs. Barrett’s program at the Youth Bureau, participants also found opportunities for mentoring, tutoring, summer camps, college tours and scholarships to pursue their sense of belonging and purpose; and
WHEREAS, during this time Mrs. Barrett also committed to helping community through her church Bethlehem Church of Jesus Christ, which was founded by her grandmother, physically built by her father, then presided over by her late husband; by the two of them being foster parents to children in great need, and creating a home environment where
their five children, their foster children, church members, and more could find a place of
respite at anytime; and WHEREAS, refusing to slow down after her retirement in 2018, Mrs. Barrett continues to serve community through song as a member of the Dorothy Cotton Jubilee Singers
and helping support her family’s new restaurant “The Legacy by ARDM” at the Ithaca-Tompkins International Airport, a job she considers continuing her family’s “Legacy of Love”; and WHEREAS, having held positions in her church on local, state, and national levels, Mrs.
Barrett also garnered local recognitions including the “Community Action Award” by Tompkins Community Action; WHEREAS, in considering the Mrs. Barrett’s nomination, several among the selection
committee of past recipients had stories of Mrs. Barrett’s advocacy behind the scenes
for many people throughout this community, despite times when such advocacy came at personal cost to her; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council bestows upon Mrs. Eloise D.
Barrett the 2022 J. Diann Sams African-American History Month Recognition during this
February and urges all citizens to recognize the invaluable contributions of this positive,
affirming, and dedicated citizen who also is a stalwart example of the many prominent
figures we celebrate throughout history; and, be it further
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RESOLVED, That in so doing, Mrs. Barrett is worthy of honor not only each year in
February but throughout the entire calendar year.
Bradley Nelson, son of the late J. Diann Sams heralded Mrs. Elosie Barret as a silent
giant of our community that has done extraordinary work within our community, more
specifically with youth. Worked with his mother on many things and the elation that she
felt. Once again, grateful.
Mayor Myrick – personal experience with Miss Eloise – Paul Schuers Memorial Fund -
…treated him like family…showing him that all of Ithaca is not Cornell…to work along
side her was a privilege – a true titan in the community – has transformed the lives of
hundreds of children.
J.R. Clairborne – thanked the Mayor and Council for facilitating this award to celebrate
the wonderful community members and to bring back Diann through memories, tears,
and laughs.
Mrs. Eloise Barrett – thank you! Just an honor to accept this prestigious award.
I want to say thank you to Diann Sams family for honoring the tireless fight, sacrifices,
contributions and accomplishments that she made for this city and especially the
community of color. Her tenacity and quiet voice inspired me many a day to keep
fighting for others. It would have been easy to give up so many times if the fight was just
about me, but it was about all of those that I was serving and those that will come
behind me. Thank you to the nominating committee that thought enough of me to
receive such a great honor and acknowledgment of the efforts I’ve made to bring
opportunities and access to resources to the underserved.
Thank you to the City of Ithaca and the City of Ithaca Youth Bureau especially for their
encouragement, support and for allowing me the autonomy to carry out the mission and
serving the youth of this community.
Thank you to the family of Paul Shorts that entrusted me with the legacy of their son,
who’s dream it was to allow underrepresented and marginalized students the same
opportunities that he was afforded; the opportunity to receive support, graduate and go
onto colleges on their choice.
Thank you to the families that trusted me with their children. They allowed me to serve,
represent and explore the good, the bad and the ugly of the educational system and the
classroom. Creating a space of belonging in an after-school program, summer
programs and just sharing their lives and the world with them. We traveled to local and
state parks, universities and colleges, we tapped into the wealth and resources that this
community provides. We went on college tours to other states and visited HBCUs
(Historically Black Colleges and Universities).
We spent summers together in places as far away as Martha’s Vineyard, Washington
D.C., New York City and Virginia. I wouldn’t have accomplished any of this without the
support, encouragement, cooperation, talent and the strength of my loyal staff and
numerous volunteers of which you have already heard Mayor Myrick.
A special thank you to a few longtime staff members: Dr. Sam Guyu, Amanda Jimenez,
Kevin Thompson, Jakeem Holcomb and Jeddadiah JD Adarqua and Danny Malone.
Last and not least. A special shoutout to my late husband and my family, who deserve a
ton of thank yous, who supported me in sharing our homes and our lives along with me
in this 40-plus year journey. Let me explain that. In 2005, I received a Tompkins
Community Action Award for over 30 years of service, so another 15 years is 45 years
of service all together, plus a few more.
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Having retired from public life, did not retire me from public service. Just as the Diann
Sams fund continues to keep her legacy alive, my family and I keep the legacy of our
father, Bishop Cecil A. Malone alive.
And also my grandmother comes to mind. If I can help somebody as I travel along, then
my living will not be in vein. The Legacy of Love continues, not just as a restaurant in
the airport where you can get great food, we see the Legacy as a safe place for us to
gather for conversation, filled with support and for sharing of information and resources
in the community. We are creating a space that the community can come and feel
welcomed, honored and appreciated.
I will continue to stand up for rights and justice and I know I won’t be standing alone.
Together we stand and divided we fall. Let’s build a bridge and tear down the walls.
Together we stand, divided we fall. And in the words of Martin Luther King Jr., “Our lives
being to end the day we become silent about things that matter.”
Thank you.
A vote on the resolution resulted as follows:
Carried Unanimously
Proclamation to Honor Mayor Svante L. Myrick: Alderperson Lewis said: This is a proclamation from the City of Ithaca:
WHEREAS, Svante Myrick was first elected to the Common Council at the age of 20
while a junior at Cornell University; and WHEREAS, Svante Myrick became the Mayor of the City of Ithaca at the ripe age of 24, causing quite a media stir as he was the youngest person to serve in this capacity in the
State of New York at the time; and
WHEREAS, he put down his text books and dove deeper into the municipal books but since he was reading documents like the Constitution and the Federalist Papers for fun, this was not an insurmountable issue; and
WHEREAS, his experiences growing up in a small town in Upstate New York, a child of a single mom, some of the challenges his family faced always informed his values and politics by infusing his adviocacy and policy decisions with kindness and compassion; and
WHEREAS, Svante has served as Mayor for 10 years, the longest serving Mayor in the city’s history and proudly its first person of color; and WHEREAS, some of Svante’s work put Ithaca in the national and even international
spotlight on issues such as climate change, immigration, public safety and drug policy;
and WHEREAS, his specific accomplishments over the years have been numerous including the completion of the Commons rebuild, spurring private investment to
revitalize the local economy to become the fastest growing economy in New York State,
creating more affordable housing; and WHEREAS, Svante’s bold leadership by example has inspired and will continue to inspire countless member of the community to participate in local government; and
WHEREAS, colleagues who work closely with Svante are most proud of his overarching quest for fairness and the myriad ways that he has worked for social justice recognizing that the deck is stacked against Black and Brown people, people of low and moderate
income, immigrants, the LGBTQ community, the disenfranchised, those formally
incarcerated, and those who experience housing instability; and
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WHEREAS, Svante will always be Ithaca’s beloved son and shining and rising star
We thank him for his many years of dedicated service as Mayor of the City of Ithaca
And wish him well whether he’s near or far, Now therefore, I, Laura Lewis, Acting Mayor of the City of Ithaca, do hereby set my
hand and caused the great seal of the City of Ithaca to be affixed to this proclamation on
the 2nd day of February in the year 2022. Acting Mayor Laura Lewis presented Myrick with a Key to the City and hope to celebrate the Mayor up at the Legacy.
Svante Thank you Laura. Thank you all of you. Having the snowstorms be someone else’s responsibility is all the fetting in need. I’m looking forward to enjoying a snow day instead of answering the tweets. Love you all, very appreciative and very kind.
SPECIAL PRESENTATIONS BEFORE COUNCIL: Reimagining Public Safety Collaborative Human Resources Director Michell-Nunn provided a presentation on the progress the
Reimagining Public Safety Collaborative has made which included the following:
First: Showing off the mural by Dominick Recceio. This one on Seneca St. is a long mural. As the presentation goes on, sections of the mural will be seen.
Our Charge: NYS Executive Order 203: Center Communities of Color.
Recommendation 1: Enable a working groupconsisting of IPD Staff, City Staff, Alderpersons, residents and outside experts. Community Justice Center - Project Director Onboarding
Plans in Progress – City of Ithaca Department Redesign; Collaborative: Community Healing Plan; Collaborative: Alternative Response, Wraparound Health and Human Service Delivery; County: DA/Assigned Counsel Data; Collaborative: Officer Wellness; County: TCSO Unarmed Pilot Program – hiring two positions to work in this position and
launch it.
Plans Launching Soon - Collaborative: Traffic Stop Enforcement/Data; Collaborative: Recruitment and Retention of Officers.
What’s Next - City Working Group Delivers Report to Common Council on March 2 on Department Redesign (CC will vote to adopt report on 4/6); CJC Advisory Board – Report and Recommendations due by end of March 2022. Monalita Smiley.
Discussion followed on the floor regarding the charge of the Community Justice Center and the ….Advisory Board – Charged with seeing the overseeing of the plans.
Brock – administrative oversight of the Ithaca Police Department – has the working group evaluated different options that would allow the police chief (who could be a civilian) to oversee the department? The working group is following the Resolution in terms of what Common Council has asked it to do.
Brown – thank you for the amazing work that everyone is doing. Wondering why questions are being asked about the police chief when this is a community endeavor. SMN – this initiative is community centered. The working group is primarily community
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members (17) and there are 3 police officers who also serve. Had to bring in technical advisors to discuss certain topics.
Myrick: One of the best things to come out of the Reimaging is the construction of the
CJC. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council:
Paul Mutolo, City of Ithaca, addressed Common Council to discuss clean energy and the economic opportunities related to renewable hydrogen. Proud to be an Ithacan. Proud to say that Ithaca takes the lead on things, even though it could be risky. Happy about the changes to sidewalks, Wastewater Treatment and the Green New Deal. Is
happy about improving the ecological footprint of the city. Offering services for work in
hydrogen with work on the Green New Deal. Encourages CC to double down on the Green New Deal to keep it going. Zachary Winn, City of Ithaca, voiced his opinion on law enforcement efforts in the City.
Aryeal Jackson, City of Ithaca, thanked Mayor Svante L. Myrick for his respect, and all he’s done for the City of Ithaca.
PRIVILEGE OF THE FLOOR – MAYOR AND COUNCIL McGonigal – thanked Jackson for her words, beautifully said – doesn’t always agree but there is no doubt that he loves this city and everyone in it. Michelle O’Bama – Hard to hate up close – thanked Mayor for his service to the City.
CONSENT AGENDA: CITY ADMINISTRATION COMMITTEE: 3.1 YB - Amend the Youth Bureau 2022 Roster & Budget By Alderperson Mehler: Seconded by Alderperson Gearhart
WHEREAS, The Youth Bureau is requesting permission to amend the 2022 personnel
roster; and, WHEREAS, the Youth Bureau has worked closely with HR to determine the position that best fits the responsibilities and duties needed in Recreation Support Services; and,
WHEREAS, in anticipation of Civil Service Commission approval of a Recreation Specialist for IWD (20 hour); and, now, therefore, be it RESOLVED, That the Personnel Roster of the Youth Bureau shall be amended
effective February 1, 2022, as follows:
Add: One (1) Recreation Specialist for IWD (20 hours) Defund: One (1) Recreation Program Leader (20 hours)
Fund: One (1) Recreation Specialist for IWD (20 hours) and, be it further
RESOLVED, That any additional funds associated with this change will come from within the approved 2022 Ithaca Youth Bureau budget. Carried Unanimously
3.2 DPW - Amendment to Roster Resolution - Civil Engineer
By Alderperson Mehler: Seconded by Alderperson Gearhart WHEREAS, the Engineering Division in the Department of Public Works has several large capital projects scheduled for 2022, and with ARPA funds and the recent passage
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of a Federal Infrastructure bill, is likely to have several more complex capital projects over the next several years; and
WHEREAS, the Engineering Division has an immediate need for an experienced civil
engineer to manage design and construction efforts for upcoming capital projects; and WHEREAS, the Ithaca Civil Service Commission established a new Civil Engineer position at their December 8, 2021, meeting; now therefore be it
RESOLVED, that the Personnel Roster of the Engineering Division of the Department of Public Works shall be amended as follows: Add: One (1) Civil Engineer Position (40 hours)
Defund: One (1) Engineering Technician Position (40 hours)
and be it further RESOLVED, That the funding for this change shall be derived from existing funds within
the Department of Public Works budget.
Carried Unanimously
3.3 PBZ&ED - Amendment to Personnel Roster
By Alderperson Mehler: Seconded by Alderperson Gearhart
WHEREAS, the City of Ithaca (City) has demonstrated its desire and commitment to be a leader in sustainability and social equity, as exemplified by adoption of the Ithaca Green New Deal (IGND); and
WHEREAS, in 2020, the city created the position of Director of Sustainability, and in
2021 hired the position, the duties of which are to create and implement programs and initiatives to achieve the goals of the IGND; and WHEREAS, The 2022 City budget includes funding for a new sustainability planner to
further these efforts; now, therefore, be it
RESOLVED, That the Personnel Roster of the Planning and Development Department be amended as follows:
Add: One (1) Sustainability Planner (40 hours/week)
and be it further RESOLVED, That the position of Sustainability Planner shall be assigned to the CSEA
Administrative Unit Compensation Plan at salary grade 13, 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. Carried Unanimously
3.4 DPW - Recommendation to Increase Pavilion Reservation Fees By Alderperson Mehler: Seconded by Alderperson Gearhart WHEREAS, the Ithaca Youth Bureau has reviewed the pavilion rental fees for the 2022 season; because they handle the rentals and are most familiar with the current use or demand for the facilities in both parks; and
WHEREAS, the existing fee structure at Cass Park and Stewart Park pavilions is based on the number of people and allows for pavilion sharing; and
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WHEREAS, an hourly fee will lead renters to only reserve the amount of time they need for their use which will increase availability and access to additional users and be more conducive to health and safety guidelines; and
WHEREAS, the Ithaca Youth Bureau is proposing a new fee structure that will charge an hourly rate for rentals up to 7 hours and a flat rate for 8+ rental hours, and accommodate one group at a time; now, therefore be it
RESOLVED, That Common Council adopts the following new rental fees at Stewart
Park, effective January 1, 2022: City of Ithaca 2022 Pavilion Fees (proposed) (Non-Resident Fee/City Resident Fee)
Stewart Park Large Pavilion $65/$50 per hour. 8 + hours for $475/$375. Stewart Park Small Pavilion $50/$35 per hour. 8+ hours for $375/$275.
Stewart Park BBQ Pavilion $35/$25 per hour. 8+ hours for $265/$180.
Cass Park Pavilion $45/$30 per hour. 8+ hours rent for $330/$225. Cass Park BBQ Pavilion $30/$20 per hour. 8+ hours rent for $225/$150.
For events that are applying through the City’s “Special Event” permit process and are required to reserve the pavilions at Stewart and/or Cass in order to operate their event, the fees below will apply.
Stewart Park Special Event Pavilion Rental (includes SP Large, SP Small and SP BBQ
pavilions) - $600/day Cass Park Special Event Pavilion Rental (includes Cass Park BBQ and Cass Park Pavilion) - $270/day *All reservations/rentals are “exclusive use” (one user group at a time)
Carried Unanimously
3.5 DPW - 2022 Water and Sewer Rates By Alderperson Mehler: Seconded by Alderperson Gearhart
WHEREAS, in accordance with City Charter, the Board of Public Works has the
authority to set water and sewer rates; and WHEREAS, the Board of Public Works has been unable to obtain a quorum to approve the 2022 water and sewer rates prior to December 31, 2021, or in January 2022, and
the Department of Public Works is asking Common Council to approve the 2022 water
and sewer rates retroactive to January 1, 2022; and WHEREAS, DPW staff has estimated water and sewer expenses for 2022 and the City Controller has established the appropriate rates as part of the 2022 operating budget;
now therefore be it
RESOLVED, That Common Council adopts the following water and sewer rates and fees starting for bills due on or after January 1, 2022, and the rates are effective until changed:
Basic Rates (per 100 cubic feet): Existing 2021 2022 Water $9.36 $9.73
Sewer $5.80 $6.03
Minimum Billing (per quarter year)
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METER SIZE CU FT ALLOWED WATER SEWER TOTAL
Small 1,200 $116.76 $ 72.36 $189.12
1" 3,200 $311.36 $ 192.96 $504.32
1.5" 5,500 $535.15 $ 331.65 $866.80
2" 11,200 $1,089.76 $ 675.36 $1,765.12
3" 16,000 $1,556.80 $ 964.80 $2,521.50
4" 24,100 $2,344.93 $ 1,453.23 $3,798.16
6" 42,100 $4,096.33 $ 2,538.63 $6,634.96
Other Services
• Unmetered sprinkler service: $12 per inch diameter per quarter
• Metered water for circuses, carnivals contractors, etc., through suitable connection at hydrant installed by Water and Sewer: charged by use, with minimum bill of $200 per day for the first 7 days and $50 per day thereafter.
• Bulk Water for street sweepers, tank trucks, spray rigs, etc., available at the Water
building: $100 per load up to 500 gallons, and $25 per thousand over 500 gallons.
• There will be no allowable sewer credit for pool filling.
• Meter removal, meter resetting, turning water off, or turning water on at curb stop:
$40 per event.
• Residential Meter Testing: $150 if meter is found to be within industry tolerances; no charge if out of tolerance.
• Replacement of frosted or damaged residential meter:
During business hours – cost of the meter plus $50
After hours without a call-in – cost of the meter plus $125
After hours with a call-in – cost of the meter plus $220
• Replace damaged AMR meter head, caused by owner/occupant negligence: cost of new meter plus $60.
• City of Ithaca “Request for Entry” letters to residence or commercial establishment to service water meter, (each request per billing cycle):
First request – No response by Owner after 15 days, written warning
Second request – No response by Owner after 15 days, $25 administrative surcharge placed on next water bill
Third request – No response by Owner after 15 days, $100 administrative surcharge placed on next water bill. $100 administrative surcharge
continuously billed thereafter until service has been fulfilled.
• Special meter reading with corresponding bill: $45 per special read.
• Data Logs: the first obtainable data log is free, delivered electronically in a PDF
format. Paper copies will be printed upon request at the cost of duplication. All additional data logs shall be charged at $45 each delivered electronically. If a City issue is found as a result of a data log, there shall be no charge.
• All other special services: To be billed at cost (including overhead) with supporting
bill documentation.
Carried Unanimously 3.6 DPW - Use of City Owned College Avenue Telecommunication System Spaces
By Alderperson Mehler: Seconded by Alderperson Gearhart
WHEREAS, the City recently constructed underground conduits and vaults under College Avenue, between Mitchell Street and Dryden Road (“Telecom System Spaces”) to facilitate installation of telecommunications equipment by multiple providers; and
WHEREAS, the City expects to receive requests to occupy the Telecom System
Spaces; and WHEREAS, City staff is supportive of this use of the Telecom System Spaces; and
WHEREAS, the Superintendent does not anticipate any conflicts in the near future with
public works uses or needs; now, therefore, be it
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RESOLVED, that Common Council hereby sets forth the following annual license fee structure for use of the College Avenue Telecom System Spaces:
$3.02 per linear foot of dedicated 4 inch conduit; Each dedicated conduit line licensed shall include a license to use up to 2.25 square feet of wall space in a corresponding vault;
$1.01 per linear foot of shared 4 inch conduit; and RESOLVED, the annual use fee set forth above shall be considered the base license fee for use of the City’s Telecom System Spaces, and that at the City’s discretion, the
same may be adjusted for each year by an amount up to the amount of the increase in
the consumer price index; and RESOLVED, that the license agreement allowing said use of City-owned structure shall contain the usual terms and conditions of the City’s license agreement, including those
specified in Chapter 170 of the City’s Municipal Code; and
RESOLVED, Common Council hereby authorizes the Superintendent, upon review of the City Attorney, to permit by license interested telecom providers to install telecommunications conduit and equipment within the Telecom System Spaces subject
to the following requirements:
1) Proof of bonding or other sufficient security in an amount that the Superintendent deems appropriate to compensate the City for damage to its property during the course of installation and in the event the City must affect
removal of the equipment,
2) Submission of an application and fee for Use of City Property, 3) Submission and approval of final installation plan for Superintendent of Public Works’ review prior to installation; and 4) Installation and continued operation of telecom service from within the City’s
Telecom System Space(s) contingent on the company’s execution of the
City’s license agreement and payment of the applicable application and annual fee, and 5) Issuance of street permit for any work zone traffic control (including but not limited to sidewalk or travel lane closures, reroutes, flagging operations, or
bus stop impacts). Carried Unanimously 3.7 Attorney - Parking Ticket Pilot Protocol for Not-For-Profit Motor Vehicle Multiple Offenses
By Alderperson Mehler: Seconded by Alderperson Brock WHEREAS pursuant to NY Vehicle & Traffic Law §239, parking tickets are the responsibility of the registered owner of the vehicle; and WHEREAS Qualified Car-Sharing Entities (“QCSE”), as defined in Ithaca City Code
§346-1(b), exist in the City of Ithaca for purposes that include reducing traffic congestion, reducing the need for private vehicle ownership, and reducing demand for parking within the city; and
WHERAS, QCSE owned vehicles are shared by multiple drivers; and
WHEREAS, a driver of such a shared vehicle can receive a second or third offense
parking ticket with a higher fine than a first offense, even if it is the driver’s first offense, because it is a multiple offense for the particular shared QCSE vehicle; now, therefore, be it
RESOLVED, That the following Pilot Protocol shall be employed, commencing
retroactive to January 1, 2022, and expiring for violation dates after December 31, 2022:
A driver of a QCSE who receives a second or third offense parking ticket for whom it is a first offense in 18 months, can submit a Pre-Trial Appeal Form,
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currently available at: www.cityofithaca.org/686/Parking-Tickets The sworn statement in the Pre-Trial Appeal Form must include an assertation
that the driver was a member of the QCSE at the time of the violation, that the
registered owner of the ticketed vehicle in question was the QCSE, that the driver has no prior parking tickets in the City of Ithaca in the prior 18 months from the date of the parking ticket in any vehicle, and that the driver has not made this application in the prior 12 months. If the above criteria are met, the fine for the
ticket shall be reduced to the fine for a first offense.
Carried Unanimously
3.8 IFD – Award of Bid for Protective Jackets and Pants By Alderperson Mehler: Seconded by Alderperson Brock
WHEREAS, on December 13, 2021, the City of Ithaca posted a Notice to Bidders with
specifications for Protective Jackets and Pants for Structural Firefighting; and WHEREAS, on January 11, 2022, the City of Ithaca Controller’s Office received sealed bids from two bidders; and
WHEREAS, Chief Parsons, Assistant Chief Farwell, and the Deputy City Controller Andrew have reviewed the bids, specifications, options, and proposals made by each bidder; and
WHEREAS, after reviewing the bid documents, the Fire Chief recommends the award of the bid be made to First Out Rescue Equipment of Tonawanda, New York; now, therefore, be it
RESOLVED, That Common Council hereby approves the award of bid between the City
of Ithaca and First Out Rescue Equipment in accordance with the pricing and bid specifications for Protective Jackets and Pants for Structural Firefighting at the cost of twenty-six hundred and thirty dollars ($2,630.00) per set of jacket and pants. Carried Unanimously
CITY ADMINISTRATION COMMITTEE: 4.1 DPW – Acceptance of Promenade Easement at Cascadilla Creek and Cayuga Inlet By Alderperson Cantelmo: Seconded by Alderperson Brock
WHEREAS, pursuant to a Development and Maintenance Agreement between City
Harbor, LLC and the City of Ithaca dated May 28, 2021 (the “Pier Road Development Agreement”), City Harbor agreed to construct and maintain a pedestrian promenade on the City Harbor Property along the waterfront of Cascadilla Creek and Cayuga Inlet (the “Promenade”) in the location set forth on a certain map prepared by T.G. Miller, P.C.
titled “Phase 1, City Harbor Development, City Harbor, LLC and The Guthrie Clinic, 101
Pier Road, Ithaca, New York”; and WHEREAS, the Pier Road Development Agreement requires City Harbor to provide the City of Ithaca with an easement permitting public access to the Promenade (the
“Promenade Easement”); and
WHEREAS, the City shall have no obligation to maintain the property over which the Promenade Easement shall be granted; and
WHEREAS, the City wishes to acquire said Promenade Easement in order to permit
members of the public to use and enjoy said Promenade; be it hereby RESOLVED, The City of Ithaca Common Council hereby authorizes the Mayor to accept the Promenade Easement on behalf of the City, and be it further
RESOLVED, That the Mayor, subject to review by the City Attorney, is hereby authorized to execute any and all documents, including without limitation an easement agreement, necessary to implement this resolution.
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Brock – expressed gratitude to City Harbor Team for making this area available to the
public. Amenities will include a paddle dock……great demonstration of private / public
partnership.
A vote on the Resolution resulted as follows
Ayes (8) Brock, McGonigal, Gearhart, Barken, Mehler, DeFendini, Lewis, Cantelmo
Nays (1) Brown
Carried (8-1)
4.2 IURA - Community Housing Development Fund, Round #21 — Authorize Disbursement of Funds Pursuant to an Executed MOU By Alderperson Cantelmo: Seconded by Alderperson Gearhart 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, for 2019, Cornell University contributed $300,000 to the CHDF and the City of Ithaca and Tompkins County each contribute $200,000 available for Round #21; 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:
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
Community Housing Development Fund
Round #21 Recommended Funding Awards
Applicant Project # Units Municipality Funding ($1,000s)
Cornell County City Dryden Total
IHA/CHDC Northside Apartments 82 rentals (C) Ithaca 0 57.8 102.2 0 160
INHS CHT – Scattered Sites 8 for-sale (C) Ithaca &
(V) Freeville 284.8 15.2 0 0 300
Second Wind Dryden House 4 rentals (V) Dryden 0 70 0 50 120
Visum W State St Apartments 57 rentals (C) Ithaca 0 0 100 0 100
Red Tail/
Habitat
White Hawk Ecovillage 1 for-sale (T) Danby 40 0 0 0 40
Totals 152 units 324.8 143 202.2 50 720
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WHEREAS, the Northside Apartments project completed environmental review by the City Planning and Development Board and is scheduled for a closing on financing in March 2022; 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 $102,200 to Tompkins County for the following affordable housing
project to implement a recommended funding award for rounds #21 of the Community Housing Development Fund: Project Name: Northside Apartments
Location: Hancock Street, Ithaca, NY
Applicant: Cayuga Housing Development Corp., an affiliate of Ithaca Housing Authority Project Summary: Construction of 82 rental housing units to replace the existing 70-unit project
and be it further, RESOLVED, That Common Council hereby directs the Controller to use encumbered housing funds in an amount not to exceed $102,200 from Account A8020-5435
Planning Contracts, and be it further,
RESOLVED, That the $102,200 be appropriated from the current balance in the Housing Fund of $182,200, to fund the $102,200 City portion of the City/County/Cornell Housing Trust for the above listed project, and be it further
RESOLVED, That the Mayor, subject to advice of the City Attorney, is hereby authorized to execute a fiscal agency agreement with Tompkins County to implement this resolution. Alderperson Brown – have all of the families been successfully relocated? Community
Development Director Bohn – all but 8 households had been relocated – 4 of those 8
were waiting on leases to begin. The project will not move forward until everyone has
been successfully relocated.
Alderperson Lewis – there will be 82 housing units to replace the existing 70 units. The
rents will not be raised to such a level that current tenants couldn’t be housed in the
newly developed project – Bohn 30% of income including utilities.
A vote on the Resolution resulted as follows:
Carried Unanimously
4.3 IURA - Reinvest Mortgage Recording Tax Revenues Back into the Green Street Garage Redevelopment Project By Alderperson Cantelmo: Seconded by Alderperson Gearhart WHEREAS, the City approved an urban renewal project and bond financing support to
redevelop the Green Street parking garage to include vertical expansion of the parking
facility and construction of a community conference center (the “Project”); and WHEREAS, the Project was funded by issuance of $49 million in revenue bonds backed by a pledge of City room occupancy tax revenues and a 30-year City lease of the parking
garage; and
WHEREAS, a mortgage on the property is held by the bond trustee to secure bondholders; and
WHEREAS, the Tompkins County Industrial Development Agency (“TCIDA”) delivered
incentives to the project including sales tax exemption, a payment-in-lieu of tax agreement, and a mortgage recording tax exemption; and
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WHEREAS, in accordance with TCIDA policy, the New York State portion of the mortgage recording taxes were exempted on the Project, but the local portion remained in effect; and
WHEREAS, the Project financing plan anticipated both State and local portions of the mortgage recording taxes would be exempted, thereby creating an unplanned project expense to pay the local portion due; and
WHEREAS, the City of Ithaca received $247,350 in unanticipated mortgage recording tax
revenues from the Project; and WHEREAS, due to rising inflation and supply chain issues, the conference center component of the Project scheduled to begin construction in May 2022, and is
experiencing significant cost escalation on construction, and several unanticipated
expenses; and WHEREAS, the City faces unbudgeted expenses to timely plow and clear snow around City Hall during construction of the adjacent Project; now, therefore be it
RESOLVED, That the Common Council for the City of Ithaca hereby authorizes the transfer of an amount not to exceed $247,350 of mortgage tax revenues received in 2021 to be used to cover future expenses related to the Green Garage Redevelopment project as follows:
• Debit $247,350 from Mortgage Revenue Tax revenue account A0001-3005
• Credit $237,350 to account A6989-5435, the room occupancy revenue account,
• Credit $10,000 to account A6989-5435, the room occupancy revenue account, to be available to address snow plowing and removal around City Hall during construction of the Project, and be it further
RESOLVED, That the City Controller is authorized to encumber and release above referenced funds from the encumbrance account upon receipt of eligible cost documentation from the applicable parties.
Cantelmo – did not anticipate receiving this mortgage tax…..makes it prudent to
reinvest into the project.
McGonigal – Tompkins County was not aware of this prior to George’s report last night.
They may do the same thing if they received the information that Bohn shared with
Common Council. Bohn – the local portion goes to the City and the County. The
County received…..and the City received…. Bohn – has reached out to County staff
and legislators to start that conversation
Thayer – latest number on room tax revenues – budgeted 900,000 in 2021 – collected
$1.2 million in 2021. The new collection on room tax for the City is doing well.
A vote on the Resolution resulted as follows:
Carried 8-0
Alderperson Brown absent from vote
4.4 Attorney - Amendment to City Code Chapter 178 and 210 By Alderperson Cantelmo: Seconded by Alderperson Gearhart ORDINANCE __-2022
An Ordinance Amending Chapters 178 and 210 of the City of Ithaca Municipal Code WHEREAS the City has an interest in enforcing the City Code as it applies to property
owners, including owners of rental properties; and
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WHEREAS it is desirable for both the City and for property owners to have an efficient method for receiving notice of relevant information from the City; now therefore
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative findings, intent, and purpose.
The Common Council makes the following findings:
1. Historically, some property owners have not sufficiently received from the City notice of Code violations associated with their property due to ambiguities in the process for providing such notice. 2. The Council desires to establish a simple and streamlined approach for such
notice.
Based upon the above findings, the intent and purpose of this ordinance is to amend the City Code to enable service of notice of code violations associated with a property by first class mail to the property owner or their agent.
Section 2. Chapter 210 of the City Code, §210-81(c) opening paragraph only, is hereby amended as follows:
C. Delegation of responsibilities to local agent. Property owners who do not reside in Tompkins County or one of its contiguous counties must file an agency agreement with the City Building Department designating the property owner or an agent to be
responsible for all of the responsibilities outlined in this chapter, and all other chapters of this code related to housing code, building codes, property maintenance and zoning, and to accept service of process by first class mail on behalf of the property owner. Property owners residing within Tompkins County or one of its contiguous counties may delegate the responsibilities outlined in this chapter to an agent so long as, at the time
of any violation of this subsection, an agency agreement is on file in the City Building
Department. The property owner and agent shall both be liable for violations of this chapter, and the City may bring an enforcement action against either the property owner or agent, or both. If a property owner who does not reside in Tompkins County or one of its contiguous counties fails to file an agency agreement with the Building Department
within 60 days of the effective date of this law, then the City Clerk shall be deemed to be the owner's agent for the limited purpose of accepting service of process on behalf of the owner. All agency agreements shall be in the form specified by the City Building Department and shall contain, at a minimum, the following information:
… Section 3. Chapter 178 of the City Code, §178-10(B), is hereby amended to insert at the very end thereof: Service by first class mail of an appearance ticket to the property owner at the property
address or other address indicated by the owner, or if an agent has been designated
pursuant to §210-81 to that agent, shall be deemed complete. Section 4. Severability Clause. Severability is intended throughout and within the provisions of this Ordinance. If any
section, subsection, sentence, clause, phrase, or portion of this Ordinance is held to be
invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Ordinance. Section 5. Effective Date.
This ordinance shall take effect immediately and in accordance with law upon
publication of notices as provided in the Ithaca City Charter. Discussion followed on the floor regarding the lack of mail delivery in the City of Ithaca. Unsure whether this is the new normal or a temporary failure of the postal service. Is
there another legal framework that would be available for this? Lavine – six years ago
Council approved an e-mail notification system that has been implemented. That
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system remains in effect. E-mails don’t have the same legal significance as regular mail in terms of enforcement. There is a decent turn-around time in place that would allow for some delay in postal delivery. Brock – 1st class mail now gets a tracking number
that can prove delivery.
A vote on the Ordinance resulted as follows:
Carried Unanimously
REPORT OF THE CITY CONTROLLER: City Controller Thayer reported on the following:
Down 2 positions, another staff member out with COVID. Tax billing and collection has been challenging with staff shortages. Ask for patience as they work these issues. End of Year Activity:
Sales tax – $15.4 million collected to date – 1 more collection for 2021 – 20 % higher
than 2020 numbers ($ 2.3 million). Sales tax recovery is rebounding more quickly than expected. 2019 was highest collection ever…$15.4 million Will report on final numbers as they become available
NYS budget for 2022-2023 – AIM payment will remain at same level as it had been $2,610,000 Transportation funding – maintained at increased levels from 2021. Roughly just over
$3M for PAVE NY and State touring route aids. All was increased in 2021.
Bridge NY AID increased by $100M – Creating $100M for PAVE our Pot program, proposed at this point and time.
Drinking and wastewater funding ARPA funding regulations have been relaxed Other funding aid – reviewing IIJA, new $550B program to modified transportation
program. Looking forward to all the changes in aid. Brock – any talk of undoing the freeze of State Aid to municipalities? Myrick – NYCOM, Association of Towns and the Association of Counties have all advocated for this in addition to him personally. Governor Hochul seems interested because she comes from
an elected local government position. Access to new funding – will municipalities have to apply for a grant – if you win, there is a lot of work involved in processing all of the grant requirements….any discussions of just allotting the funding by formula vs.competitive grants? Myrick – AIM doesn’t
adequately take into account the amount of tax exempt property…do we have staff that can write these grants? Myrick – yes – we have folks on staff and we have a contractor that has assisted the city in writing grants. Thayer – we added a position in Engineering to assist with grant writing.
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 5.1 2022 Annual Common Council Concurrence that the City of Ithaca Planning and Development Board be Lead Agency in Environmental Review for Site Plan Review Projects for which the Common Council is an Involved Agency Resolution
By Alderperson Lewis: Seconded by Alderperson Gearhart
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
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approving and funding or carrying out the action, and WHEREAS, State Law also specifies that when an agency proposes to directly
undertake, fund or approve a Type I or Unlisted Action undergoing coordinated review
with other involved agencies, it must notify them that a lead agency must be agreed upon within 30 calendar days of the date that the Environmental Assessment Form (EAF) or draft EIS was transmitted to them, and
WHEREAS, Projects submitted to the Planning Board for Site Plan Review and
Approval, at times involve approvals or funding from Common Council, making Council an involved agency in environmental review, and WHEREAS, in accordance with the State Environmental Quality Review Law and the
City of Ithaca Environmental Quality Review Ordinance, involved agencies are provided
with project information and environmental forms for their review, as well as all environmental determinations, and WHEREAS, Common Council did consent to the Planning & Development Board acting
as Lead Agency in environmental review for site plan review projects for which Common
Council has been identified as an Involved Agency since 2015, and WHEREAS, in order to avoid delays in establishing a Lead Agency and to make the environmental review process more efficient, it is desirous to continue the agreement in
which the Planning Board will assume Lead Agency status for such projects; therefore
be it RESOLVED, that Common Council does hereby consent to the Planning & Development Board acting as Lead Agency in environmental review for site plan review
projects for which Common Council has been identified as an Involved Agency through
December 31, 2022; and, be it further RESOLVED, that for any future project Common Council may withhold or withdraw its consent should it so desire.
Carried Unanimously
MAYOR’S APPOINTMENTS 6.1 Appointments to the Planning and Development Board By Alderperson Gearhart: Seconded by Alderperson Lewis
RESOLVED, That Daniel Correa be appointed to the Planning and Development Board
with a term to expire December 31, 2023 RESOLVED, That McKenzie Lauren Jones be appointed to the Planning and Development Board as an Alternate member with a term to expire December 31, 2022,
and be it further
Reappointments to the Community Police Board RESOLVED, That Shirley Kane be reappointed to the Community Police Board with a term to expire December 31, 2024, and be it further
RESOLVED, That Richard Onyejuruwa be reappointed to the Community Police Board with a term to expire December 31, 2024, and be it further
RESOLVED, That Shari Korthuis be reappointed to the Community Police Board with a
term to expire December 31, 2024. Carried Unanimously REPORTS OF COUNCIL LIAISONS:
Alderperson Brown – SSCC Board – attended first meeting – discussed concerns
regarding city services. They are doing amazing work. Will share their concerns at the next meeting.
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Alderperson Barken – Green New Deal – encouraging all of the innovation taking place First meeting took place with Anna Bartel, Chair of the Steering Committee. Meeting Late March to see how they can assist and be good communicators with citizens and
council. Trying to marry a coalition of the arts ….laying ground work for collaboration…
can create opportunities for all different parts of the community to be apart of this. Alderperson Brock – Joint Sewer Committee – there will be a presentation on an infiltration and inflow study. Where there may be cracks in the system that leads to a
surge of rainwater during weather events. Upcoming retirement of Chief Operator –
facing challenges in finding qualified applicants to fill the position. Will bring in a contractor to operate the plant until someone is hired. Cantelmo – Phase 1 prize winner DIA, $100,000 planning grant. Now eligible to submit for a Phase 2 grant which is $7M. Will have a full report as that moves together.
Report of City Clerk City Clerk Conley Holcomb reported that the 2022 Annual Disclosure forms for Common Council are available for inspection in the City Clerk’s Office during business hours.
City Clerk Conley Holcomb further reported that the Tompkins County Department of
Assessment has requested that Common Council make its annual appointment of two (2) members, plus one (1) alternate to the Local Board of Assessment Review at its March 2, 2022, meeting. The panel must be in place by no later than March 30th.
The appointees to the Board must be city residents. Experience in real estate, or banking has proven very helpful.
The Assessment Department will provide a training course for Board members on May 3, 2022 at 9:00 AM via Zoom. The City’s hearing will be scheduled between May 9th – and May 20th and will run from 3:00 – 6:00 pm.
This is a Common Council appointment, so this item will be placed on the March 2, 2022, agenda for consideration. Lastly, I would like to say that it has been an honor and privilege to work with you Mayor over the past decade. You are the 5th Mayor that I’ve served under, and I’ve learned
important lessons from all of them. You are leaving an amazing legacy that Ithacans will enjoy for generations to come. I wish you the same level of success on a national level. Don’t be a stranger! Report of City Attorney Motion to Enter Into Executive Session to Discuss Pending Litigation By Alderperson Lewis: Seconded by Alderperson Gearhart RESOLVED, That Common Council enter into Executive Session to discuss pending litigation. Carried Unanimously RECONVENE: On a motion made by Alderperson Mehler and Seconded by Alderperson DeFendini, Common Council reconvened into Regular Session. Resolution – Authorizing and Approving A Settlement Agreement to An Action Relating to the Opioid Crisis By Alderperson Brock: Seconded by Alderperson Cantelmo WHEREAS, the City has for some time joined with many other municipalities in retaining outside counsel to represent the City’s interests in recovering damages in the
nationwide litigation pertaining to the opioid epidemic; and WHEREAS, that litigation has been against several defendants, including manufacturers of opioids, distributors of opioids and chain pharmacies; and
WHEREAS, the litigation alleges several causes of action against defendants Allergan-associated entities (“Allergan”) based on claims that Allergan contributed to the opioid epidemic by falsely promoting prescription opioids it manufactured and sold and failing
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to implement measures to prevent diversion of prescription opioids in connection with distribution of its products, all of which contributed to the opioid public health crisis; and
WHEREAS, it is in the best interest of the City to resolve the above-referenced litigation
with respect to Allergan without further litigation and enter into the proposed settlement agreement and release (“Agreement”), as encouraged by outside counsel and the New York Attorney General’s Office, as the Agreement shall settle all allegations against Allergan and avoid protracted litigation; now, therefore be it
RESOLVED, That the City Attorney is hereby authorized to coordinate with outside counsel to effectuate on behalf of the City (1) the execution of the New York-statewide Allergan Settlement Term Sheet; (2) the execution of the Allergan New York Sharing Agreement, by which the City can participate in the proceeds of the statewide
settlement in accord with the terms of that Sharing Agreement, providing a one-time
payment to the City in the estimated amount of $24,518.16; and (3) the execution, including by the Mayor as necessary, of such other documents as may be necessary and appropriate to effectuate the foregoing. Carried Unanimously
ADJOURNMENT: On a motion the meeting adjourned at 8:40 p.m.
______________________________ _______________________________ Julie Conley Holcomb, CMC Laura Lewis City Clerk Acting Mayor