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HomeMy WebLinkAboutMN-CC-2022-04-06COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. April 6, 2022 PRESENT: Acting Mayor Lewis Alderpersons (8) Brock, McGonigal, Nguyen, Gearhart, Barken, Mehler, DeFendini, Cantelmo OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Lavine City Controller – Thayer Human Resources Director – Michell-Nunn Chief of Staff – Vavra City Forester – Grace Director of Engineering – Logue Director of Parking & Transportation – Hathaway Director of Sustainability - Aguirre-Torres Director of Planning & Development – Nicholas EXCUSED: Alderperson Brown ADDITIONS TO OR DELETIONS FROM THE AGENDA: Acting Mayor Lewis requested the withdrawal of Item 5.2 - Acceptance of the Definition of “Climate Justice Community” and referred it back to committee for further discussion. Alderperson Brock requested that Items 3.2 - Approval of Recreation Partnership Agreement and Item 3.5 - Release of Southside Community Center Funding in 2022 Budget be removed from the Consent Agenda. Alderperson Cantelmo agreed to add these Items as 4.6 and 4.7 to the City Administration Committee items. No Council members objected. REPORTS OF MUNICIPAL OFFICIALS: Town of Ithaca Supervisor Rod Howe reported on the following topics: • The Town’s Short-term Rental Law was adopted in November 2021. Applications are available on the Town’s website. • The Town will launch their OpenGov Software platform next week. He offered support for the City’s project, noting that it will greatly benefit area residents. • The Town will launch their new website next month which will include a new Mission & Vision Statement. • Tompkins County Council of Governments (TCCOG) – both the City and Town representatives serve on the Energy Committee and this year’s focus is proactively addressing infrastructure limitations based on increased electrification. • Pedestrian recreation trail improvements and expansions are on-going. The Town is looking forward to the naming of the Kirby Edmonds Bridge. • The Town and City are working with a consultant to explore how the two municipalities can move forward jointly on the Community Choice Aggregation initiative with the intent of inviting additional municipalities to join as well. • Work continues on the Town’s Telecommunications Law with a focus on 5G technology. Draft legislation should be ready for consideration later this summer. • Work on the Green New Deal continues. The Town now owns their street lights which will be converted to LED later this summer. • The groundbreaking for the Dalai Lama Library and Learning Center will occur later this month. • Zoning overlays are being considered for Inlet Valley (the area between Buttermilk Falls State Park and Robert H. Treman State Park). April 6, 2022 2 • The Regulating Plan for the South Hill New Neighborhood/New Development Plan should be ready for consideration in the next few months. • Work on water & sewer infrastructure and inter-municipal agreements is ongoing. SPECIAL PRESENTATIONS BEFORE COUNCIL: City Cemetery Arboretum Designation Presentation City Forester Jeanne Grace announced that the City Cemetery has been awarded the designation of “Arboretum”. Ellen Leventry, Co-Founder of the Friends of the Ithaca City Cemetery provided an overview of the benefits cemeteries provide communities from a historical, cultural, and green space perspective. Ms. Leventry described the fundraising campaigns that have been held and the efforts the Friends of the Ithaca City Cemetery have made to clean up and improve the cemetery including the replacement of Revolutionary and Civil War veteran markers, the installation of interpretive signs, the installation of bollards for the bridge, the repair of cemetery vaults, and the complete renovation of the storage shed. In 2017, the Friends of the Ithaca Cemetery was a Pride of Ownership Award recipient. Moving forward, the Friends of the Ithaca City Cemetery would like to see the cemetery designated as a park and will be looking to the City to consider capital projects that will allow them to repair additional vaults, resurface the road, improve road signage and the University Avenue entrance pillars, and complete stone wall repairs. If the cemetery obtains a park designation, it will become eligible for funding from additional sources. Alderperson Brock commended Ms. Leventry’s dedication and commitment to the City Cemetery. She noted that the Board of Public Works may be able to evaluate and advise on the benefits and considerations of turning the cemetery into a park from a public works standpoint. Alderperson McMonigal asked if Cornell University might consider assisting with funding for the cemetery wall repairs. Ms. Leventry explained that Cornell matched the City’s funds for the recent vault repairs and noted that she could ask them about the stone wall repairs. The date for the next cemetery clean-up is Memorial Day, May 30, 2022, from 9:30 a.m.-12:00 p.m. A tree planting is scheduled on Arbor Day, April 29, 2022 at 10:00 a.m., and a birding tour will be conducted on April 30, 2022. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: Lee Adler, Village of Cayuga Heights, Police Reform Dean A. Zervos, City of Ithaca, Public Safety Theresa Alt, City of Ithaca, Reimagining Public Safety Ciele Gladstein, Town of Danby, Custodial Needs for Southside Community Center Tim Holland, Town of Endicott, Reimagining Public Safety John O’Leary, City of Ithaca, Ithaca Police Department Nick Domster, City of Ithaca, Ithaca Police Department Heather Campbell, Reimagining Public Safety Rocco Lucente, Town of Spencer, Lawlessness, and violations of civil rights Ana Ortiz, City of Ithaca, Ithaca Police Department Sara Hess, City of Ithaca, Public Safety Lenny FJB, Town of Enfield, Lack of Response by Crisis Team Deeps, City of Ithaca, Reimagining Public Safety Belisa Gonzalez, City of Ithaca, Reimagining Public Safety Patricia Fernandez de Castro, Tompkins County Latino Association, Reimagining Public Safety PRIVILEGE OF THE FLOOR – MAYOR AND COUNCIL Alderperson Brock responded to comments made by Mr. Holland regarding the retention of position, rank, and civil service status for police officers through the Reimagining Public Safety process. April 6, 2022 3 Alderperson McGonigal thanked the speakers for sharing their thoughts, noting that valuable points were made. He further responded to comments made regarding the need for community involvement in the Reimagining Public Safety process and the restructuring of the Ithaca Police Department. Alderpersons Cantemlo and Nguyen thanked the speakers for their input. Alderperson Mehler noted that all comments submitted in writing have been received by Council members and encouraged those who were unable to participate in public comment due to technical issues with the Zoom meeting to submit their comments in writing. Discussion of the Reimagining Public Safety Working Group Report Acting Mayor Lewis noted that tonight’s discussion would be abbreviated due to the length of the agenda and encouraged Council members to focus their comments on identifying questions they may have about the report. There will be a Committee of the Whole meeting on April 13, 2022, for Council to further discuss the Report and provide input. The Report will also be discussed at the May 2022, Common Council meeting. Acting Mayor Lewis reviewed Governor Cuomo’s Executive Order #203, and the discussions already held by Common Council. She noted that the Working Group was co-led by two highly regarded community members, Eric Rosario and Karen Yearwood, and the composition of the group included four members of Common Council including herself, Alderperson Nguyen, Alderperson McGonigal, and Alderperson Gearhart, along with Tompkins County Legislator Travis Brooks, three members of the Ithaca Police Department, and community members. Acting Mayor Lewis commented that everyone agrees on the value of a public safety system that best serves the needs of all members of the community. She encouraged members of the community to send their comments to Common Council. She further shared the status of the City’s ongoing recruitment of new police officers, stating that three recruits will be graduating from the academy soon, and another is headed to the academy. Alderperson Nguyen reiterated that the City would not be dramatically reducing the number of police officers. Alderperson Brock shared comments that she’s heard indicating that throughout the process, members of the Working Group have been prohibited from sharing information with those outside of the Group. She stated that no liaison reports or updates have been given to Council or members of the Police Department, so there was not an opportunity for the members representing those groups to talk with their colleagues and provide their feedback to the Working Group for consideration. Acting Mayor Lewis responded to that concern, stating that the Working Group provided monthly updates to Common Council. She further explained that the Working Group agreed to respect the confidentiality of the community members and city staff members who provided input into the process. Alderperson Brock noted that whenever she asked for detailed information, she was told to wait until the process was complete. Alderperson Brock further stated that the co-chairs were appointed by Mayor Myrick to provide a service to Council and as such, they became city officials working on official business for the City and are subject to the City’s Code of Ethics. She asked Mr. Rosario if there was a conscious decision to retain the services of Center for Policing Equity (CPE) and their data analysis consultant, Matrix Consulting, after becoming aware of CPE’s intention of dismantling the police department. Mr. Rosario stated that the charge of the Working Group was outlined by Common Council in their March 31, 2021, Resolution. He noted that keeping police positions, titles and roles intact as defined by Civil Service Law was clearly spelled out, and nothing in the Resolution discussed dismantling the police department. Common Council asked the Working Group to develop plans and naming conventions around that model. Mr. Rosario stated that when he learned of the comments made by the co-founder of CPE, he didn’t see anything that April 6, 2022 4 was in conflict. He further explained that there is nothing about dismantling the police department included in the report. The co-founder of CPE offered an explanation and apologized for his comments and the Working Group accepted the apology. Ms. Yearwood reiterated Executive Order 203 and noted that monthly reports have been given to Common Council since August 2021. Common Council members, police officers, and community members were represented on the Working Group. Alderperson DeFendini thanked Mr. Rosario and Ms. Yearwood for their service to the City. He voiced his support for the work of the Group and noted that his concerns are directed at the limitations placed on the Working Group by Common Council. He stressed the importance of making sure that Council does not set this plan up to fail. He expressed concern that there will be too much work for the proposed five community responders and would like to see the work that has already been completed in the Report made stronger. Acting Mayor Lewis noted that some community members have commented that the Report did not go far enough, and others have said that the Report went too far. She explained that the plan is to start off with five community responders but the budget for this initiative will span multiple budget years. Alderperson Cantelmo reviewed what the Report is proposing: – A civilian Commissioner for Community Safety. He noted that the NYPD has a civilian Commissioner. – A Division of Community Solutions. This will be a parallel organization to the police department under the civilian Commissioner. – A full police department. The uniform division is not being altered by any recommendations in this Report. – Call delineation. This recommendation is currently undergoing a legal review. – Unarmed Community Solutions workers which have been widely supported by the community and city stakeholders. – Training – Research/data collection He further clarified that the Report is not recommending the abolishment of the police department and noted that it is unproductive and inflammatory to suggest differently. He commented that it was not the mandate of the Working Group to project operations beyond the initial recommendations. It is incumbent upon Council to consider these issues prior to drafting a Resolution. He stated that Council should determine what the successful implementation of an unarmed division and the coordination and cooperation with uniformed officers looks like, and it should be communicated to the community. Alderperson McGonigal voiced budgetary concerns and stated that he believes the recommended structure of having a Commissioner above the Police Chief and the Director of Community Solutions, along with the City Manager and the Mayor makes the organization too top heavy. He further asked about the need for administrative staff for the Commissioner and the budgetary impacts that a departmental name change would have (ex. new uniforms, rebranding of fleet vehicles, etc.). Acting Mayor Lewis commented that shared administrative services is being explored, and that the budget is not finalized. Alderperson Mehler asked how the five new Community Responders would fall into the bargaining units. City Attorney Lavine responded that it has not been determined at this time. Alderperson Gearhart noted that Council will feel pressure from the community regarding the costs of implementing the proposed structure. He asked what could be done to achieve the culture shift that needs to occur within a single organization, without creating a separate organization with a new umbrella structure over it. April 6, 2022 5 Alderperson McGonigal agreed that the culture issue is important and urged his colleagues to speak with police officers. He submitted that the departmental culture is very different than it was in 1990’s, noting that Human Resources Director Michell-Nunn and Mayor Myrick were involved in hiring the officers currently on the roster. He noted that there is a strong group of Sergeants who emphasize community involvement and helping people. Alderperson Brock thanked all of the groups who worked on Phase 1 and Phase 2 of this Report noting that as a parent of a black son, this work is very intimate to her family. She stressed that to address culture change, you need trust, buy-in, and support. She commented that the utilization of consultants and advisors with the impression of a conflict of interest was wasteful of all the great work that was completed. She voiced her deepest respect for Mr. Rosario and Ms. Underwood. She referenced the unarmed first responders and the Cahoots model that utilizes volunteers to respond to non-emergency calls. She asked for clarification that the unarmed first responders would not be going to calls that should be assigned to other agencies such as Tompkins County Mental Health, Social Services, and Addiction Recovery Services. Acting Mayor Lewis stated that the community responders would not be police officers. There will be calls where both armed and unarmed responders will respond. Once an incident is deemed safe, the armed response may be reassigned. Ms. Yearwood explained that the unarmed responders would respond to quality of life calls such as property checks. She noted that the Working Group explored other response models but listened to the concerns and needs of the black and brown communities, the unhoused community members and individuals who have been disproportionately served by the police. This model is designed so that marginalized people do not get caught up in the law enforcement system unnecessarily. Mr. Rosario clarified that in Eugene, Oregon, 911 calls related to addiction, disorientation, mental health crises, and homelessness are rerouted to Cahoots. He concurred that some of those areas such as mental health are the County’s responsibility and explained that this is simply one plan in the greater process. The Report does not preclude potential future partnerships with the County or other support agencies. Alderperson McGonigal stated that the number of 5 unarmed responders is very small, but it remains to be determined how they will work or where they will be most effective. He commented that the two units, armed and unarmed, will have to work together to determine how calls can best be handled. He shared his belief that the Police Department is looking forward to working with a team of unarmed responders. He noted that residents of challenged neighborhoods have been asking for more police presence and better protection for their families. Treating everyone with respect is key to what the City is doing. Alderperson Barken posed the following questions: • What is the legal definition of the two different roles? • What are the parameters of their functions? • What are the legal liabilities? He stated that it is not accurate to suggest that nothing significant is happening at the Ithaca Police Department, noting that this work could require an electoral referendum and has already had employment repercussions. He cautioned that the issue should be handled with care. Mayor Lewis encouraged everyone to be careful in drawing conclusions, noting that there have been retirements in many city departments and recruitment continues to be a challenge for most departments. Acting Mayor Lewis further noted that there have been a number of Town Halls to present this information to the public including a Black Town Hall, Latino Town Hall, an April 6, 2022 6 open Town Hall, and input has been received from the Community Leaders of Color. There will be a Committee of the Whole meeting on April 13, 2022, to continue this discussion including the topics of the budget, the role of unarmed responders, and training. CONSENT AGENDA: CITY ADMINISTRATION COMMITTEE: 3.1 Youth Bureau - Amendment to the 2022 Roster & Budget By Alderperson Cantelmo: Seconded by Alderperson Gearhart WHEREAS, The Youth Bureau is requesting permission to amend the 2022 personnel roster, and WHEREAS, the Youth Bureau has worked with HR to determine the positions that best meet our current needs in the Recreation Department, and WHEREAS, the Civil Service Commission approved the New Position Duty Statement for two (2) Recreation Specialist (40 hour); now, therefore, be it RESOLVED, That the Personnel Roster of the Youth Bureau shall be amended effective April 11, 2022, as follows: Add Two (2) Recreation Specialist (40 hours) Defund: One (1) Recreation Program Leader (17 hours) Defund: One (1) Administrative Assistant (35 hours) Defund: One (1) Recreation Program Leader (40 hours) Fund Two (2) Recreation Specialist (40 hours) and, be it further RESOLVED, That any existing funds associated with this change will come from within the approved 2022 Ithaca Youth Bureau budget. Carried Unanimously 3.2 PIT - Amendment to Personnel Roster – Event Permit Specialist By Alderperson Cantelmo: Seconded by Alderperson Gearhart WHEREAS, Common Council included funding in the 2022 Budget to create a new position that would oversee the special event permitting process for the City, and WHEREAS, after collaboration between members of the Planning, Building and Economic Development Department, the Chief of Staff, and the City Clerk, it was determined that this position would be better placed in the Department of Public Information and Technology so that the issuance of additional permits could be consolidated into the position duties and responsibilities, and WHEREAS, the consolidation of responsibilities would provide both a comprehensive view of events happening throughout the city at any given time, as well as a single point of contact to answer questions and resolve issues; now, therefore, be it RESOLVED, That the Personnel Roster of the Department of Public Information and Technology be amended as follows: Add: One (1) Event Permit Specialist and, be it further RESOLVED, That the Personnel Roster of the Planning, Building and Economic Development Department be amended as follows: Delete: One (1) Event Permit Specialist and, be it further April 6, 2022 7 RESOLVED, That the position of Event Permit Specialist shall be assigned to the Management Compensation Plan at salary grade 5, 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 the funding for this change shall be derived from the transfer of funds from the following Planning Department accounts: A8020-5110 Staff Salaries $53,256 A8020-9010 Retirement $5,645 A8020-9030 FICA/Medicare $4,074 A8020-9040 Workers Comp $1,065 A8020-9060 Health Insurance $16,651 A8020-9070 Dental $250 To the following Department of Public Information and Technology accounts: A1316-5110 Staff Salaries $53,256 A1316-9010 Retirement $5,645 A1316-9030 FICA/Medicare $4,074 A1316-9040 Workers Comp $1,065 A1316-9060 Health Insurance $16,651 A1316-9070 Dental $250 Carried Unanimously 3.3 DPW - Authorization to Acquire Real Property for a Public Sidewalk Easement at 130 Cherry Street By Alderperson Cantelmo: Seconded by Alderperson Gearhart WHEREAS, on April 23, 2019, and amended on July 23, 2019, the City of Ithaca Planning and Development Board declared itself the lead agency for environmental review of the project 130 Cherry Street known as “Ithaca Arthaus” and determined that the project would have no significant negative environmental impact, and WHEREAS, on July 23, 2019, Planning and Development Board granted preliminary and final site plan approval with nine conditions, and one of them being “execution of an easement agreement between the City and the property owner for portions of the sidewalk on private property”, and WHEREAS, in order to progress this easement agreement as approved, the City’s Attorney Office and Engineering Division produced the enclosed “Public Sidewalk Easement” agreement and map, as prepared by T.G. Miller P.C. dated September 16, 2021, and WHEREAS, in accordance with City Charter §63, the Board of Public Works has the authorization to acquire property in the name of the City of Ithaca for public works purposes; now, therefore be it RESOLVED, That the Common Council hereby determines that the abovementioned easement is required for public works purposes, namely transportation improvements, and be it further RESOLVED, That the Mayor of the City of Ithaca or his/her/they designee is hereby authorized to formalize the acquisition and to execute any and all documents to obtain such property, following consultation with the City Attorney. Carried Unanimously April 6, 2022 8 3.4 Common Council - Authorization of Transitional Rules for Health Insurance Plan Selection for Active Managerial and Confidential Employees and for Those Who Retire Through 2023 By Alderperson Cantelmo: Seconded by Alderperson Gearhart WHEREAS, during the early months of 2020 the City suffered a steep drop in revenue and dire financial projections due to the onset of the COVID-19 pandemic (the “Emergency”), and WHEREAS, the Emergency required the City to implement immediate and sustainable cost reductions, and WHEREAS, prior to the Emergency, the City had been seeking, through collective bargaining and voluntary employee elections, to implement the Platinum Health Insurance Plan (the “Platinum Plan”) offered by the Greater Tompkins County Health Insurance Consortium (the “Consortium”), which offers coverage comparable to the Classic Blue Indemnity Plan (the “Indemnity Plan”) at materially reduced cost to the City and most employees, as the default plan for City employees, and WHEREAS, on April 29, 2020, as part of the response to the Emergency, Common Council resolved to establish the Platinum Plan as the default health insurance plan for the City’s managerial and confidential employees as collective bargaining for these groups is, by definition, not required to do so (the “Platinum Savings Resolution”), and WHEREAS, the Platinum Savings resolution allowed managerial and confidential employees then enrolled in the Indemnity Plan to retain such enrollment, provided that the City’s contribution to the premium equivalent for such coverage would not exceed 80% of the premium equivalent for the Platinum Plan, with the employee required to pay the remainder, and WHEREAS, since the time of the Platinum Savings Resolution, the Platinum Plan has obtained greater acceptance among City employees, with two of the City’s largest collective bargaining units, the CSEA Administrative Unit and the Ithaca Police Benevolent Association, agreeing to collective bargaining agreements establishing the Platinum Plan as the default health insurance plan for employees, with an option to remain in the Indemnity Plan at an increased employee contribution rate by limiting the City’s contribution for such coverage to 80% of the premium equivalent for the Platinum Plan, and WHEREAS, it has been the consistent policy of the City that an employee who is retiring and desires to retain health insurance provided by the City in retirement would continue under the plan in which the employee is enrolled at the time of retirement, at a retiree contribution rate established by Common Council, and WHEREAS, on September 1, 2021, the Common Council approved an updated Summary of Fringe Benefits for Managerial Personnel (the “Summary”), without negotiation for the reasons stated above, and WHEREAS, Section 10 of the Summary provides that for so long as the Consortium offers the existing 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 the shift to the Platinum Plan as the default health insurance plan 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, Common Council now deems it advisable to adopt certain transitional rules to apply in 2022 and 2023 to address the foregoing questions, and April 6, 2022 9 WHEREAS, the transitional rules are contained in a document titled Transitional Rules for Health Insurance Plan Selection for Active Managerial and Confidential Employees, and for Those Retiring through 2023 (the “Transitional Rules”), a copy of which is attached hereto; now, therefore, be it RESOLVED, That the Transitional Rules shall take effect immediately, and be it further RESOLVED, That to the extent there exists any conflict between the terms of this Resolution and the attached Transitional Rules, on the one hand, and the Platinum Savings Resolution, on the other, the terms of this Resolution and the attached Transitional Rules shall prevail, and, be it further RESOLVED, That confidential employee compensation, fringe benefits, and terms and conditions of employment shall, in all respects not addressed by this resolution, continue to be indexed now and in the future to the provisions of the negotiated collective bargaining agreements of the CSEA Administrative Unit, as has long been the City’s practice. Carried Unanimously Department of Public Information & Technology: 3.5 Approval of Outdoor Dining Alcohol Permits By Alderperson Cantelmo: Seconded by Alderperson Gearhart WHEREAS, several downtown restaurants have requested permission to utilize certain areas along the Primary and Secondary Commons and sidewalks in the downtown core for outdoor dining, and WHEREAS, the Downtown Ithaca Alliance has requested permission for wine, beer, and hard cider tasting and sales as part of their special events for 2022, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on City property, and WHEREAS, Common Council has determined that the use of public property for outdoor dining and special events including the responsible sale and consumption of alcohol, plays an important role in the vibrancy of the downtown business district, and WHEREAS, Common Council has determined that any use of this or similar public property involving the sale and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2022, Common Council hereby approves revocable alcoholic beverage permits for Mia’s Tapas Bar & Restaurant, Collegetown Bagels, Viva Taqueria, Luna, and Revelry for the outdoor sale and consumption of alcohol in accord with the terms and conditions set forth in their applications, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously CITY ADMINISTRATION COMMITTEE: 4.1 DPW - Request to Increase Authorization of CP 869 College Avenue Reconstruction and Award Contract for Construction By Alderperson Cantelmo: Seconded by Alderperson Mehler WHEREAS, Common Council authorized Capital Project # 869, College Avenue Reconstruction, as part of the 2020 adopted budget in the amount of $1,000,000, and WHEREAS, the scope of the Project includes designing and building an underground telecommunications system, accommodating the City-directed and NYSEG sponsored undergrounding of overhead electric facilities, and then fully reconstructing the street and sidewalks from Mitchell Street to Dryden Road, and WHEREAS, the Project is a Type II action in accordance with SEQR (6 NYSCRR Part 617.5 Section C5) and CEQR (City Code Chapter 176-5 Section C3), and April 6, 2022 10 WHEREAS, after committing approximately $550,000 to accomplish the telecommunications system, there remains a balance of $450,000, and WHEREAS, the Engineering division of DPW designed the streetscape and on February 16, 2022, advertised construction documents for bidding, and WHEREAS, on March 9, 2022, three bids were received and publicly read aloud, with the low bidder being Seneca Stone Corporation from Seneca Falls, NY in the amount of $2,260,000, and WHEREAS, to accommodate other construction and financing needs, the Engineering Division is recommending an additional authorization of $1,850,000; now, therefore, be it RESOLVED, That the Common Council hereby approves the above-subject project, and be it further RESOLVED, That the sum of $1,850,000 is hereby appropriated from the issuance of serial bonds and made available to cover the costs of the Project, and be it further RESOLVED, That Common Council hereby amends Capital Project # 869, College Avenue Reconstruction, to include the additional Project costs of $1,850,000, bringing the total authorization to $2,850,000, and be it further RESOLVED, That Common Council directs the Engineering division to submit all eligible costs in excess of the original $1,000,000 authorized for this Project to the New York State Department of Transportation for reimbursement, and be it further RESOLVED, That the Superintendent of Public Works is hereby authorized to award the construction contract to Seneca Stone Corporation, 2747 Canoga Road, Seneca Falls, NY for their low bid of $2,260,000 and proceed with the project. Alderperson Brock noted that the costs of this project have increased significantly and asked if anything was reimbursable. Director of Engineering Logue responded that the funds are an allocation to the City from the Touring Route Program and the $1,850,000 is fully reimbursable. A vote on the Resolution resulted as follows: Carried Unanimously 4.2 DPW - Amendment to Capital Project 733 for Cass Park Rink Enclosure By Alderperson Cantelmo: Seconded by Alderperson Nguyen WHEREAS, Capital Project 733 was established in 2008 in an amount of $45,000 to design and renovate the Cass Park Rink, and WHEREAS, Common Council has amended this project over the years (including, most recently in the 2022 adopted budget), for a total authorization of $3,352,700 in order to fund, in various phases, the design and construction of complete replacement of the ice making equipment, concrete slab and sub-slab utilities, dasher boards, roof and roof extension, modern lighting and sound system, and the design of a project to enclose and dehumidify the rink building (the Rink Enclosure project), leaving a current balance of authorization of $722,523, and WHEREAS, on July 17, 2018, the Board of Public Works, acting as the lead agency, reviewed the Rink Enclosure project and declared that it would not have a significant negative environmental impact in accordance with the NYS Environmental Quality Review Act and the City of Ithaca Environmental Quality Review Ordinance, and WHEREAS, the Youth Bureau has been successful in receiving a New York State, State and Municipal Facilities grant in the amount of $300,000 and a NYS Environmental Protection Fund grant in the amount of $523,269 for the Rink Enclosure project, and April 6, 2022 11 WHEREAS, the Friends of the Ithaca Youth Bureau have been successful in fundraising a total amount of $475,000, and are prepared to make such a donation to the City of Ithaca this summer for the Rink Enclosure project, and WHERAS, bids were opened on April 1, 2022, for the Rink Enclosure project and the low bidder for General Construction was Bouley Associates of Auburn, NY at $1,544,500, and the low bidder for Electric Construction was Knapp Electric of Auburn, NY at $99,940, and the low bidder for HVAC Construction was AFT Mechanical of Elmira, NY at $541,824, for a total construction cost of $2,186,264, and WHEREAS, Engineering staff is recommending award of contract to the low bidders conditioned on additional budget, plus an allowance for construction administration, inspection, material testing and a 5% construction contingency; now, therefore be it RESOLVED, That Common Council hereby amends Capital Project #733 by $400,000 for the project, bringing the total authorization to $3,752,700 and, be it further RESOLVED, That funds needed for said amendment shall be derived from issuance of Serial Bonds, and be it further RESOLVED, Common Council hereby authorizes the Superintendent of Public Works to award and execute contracts with the low bidders for the Cass Park Rink Enclosure project. Alderperson McGonigal noted that this project came in over budget due to construction cost increases. A vote on the Resolution resulted as follows: Carried Unanimously 4.3 DPW - Support of State Legislation to Allow the Reduction of the City-Wide Default Speed Limit From 30 Miles Per Hour to 20 Miles Per Hour By Alderperson Cantelmo: Seconded by Alderperson McGonigal WHEREAS, the observed speeds that citizens report as feeling unsafe in their communities has been shown to be less than 30 miles per hour through speed evaluations, and WHEREAS, Federal Highway Administration methodologies recommend speed limits 25 miles per hour and under on the type of roadways common in the City of Ithaca, and WHEREAS, a study by the Insurance Institute for Highway Safety demonstrated that a City-wide speed limit reduction in Boston from 30 miles per hour to 25 miles per hour resulted in lower speeds, especially in excess of 35 miles per hour, and WHEREAS, reduced speeds minimize stopping distance of vehicles and the likelihood of injury or fatality as a result of a collision with a pedestrian, and WHEREAS, reduced speeds narrow the difference in operating speeds of vehicles and bicycles, which can improve safety for these vulnerable users of the roadway network, and WHEREAS, in pandemic we have seen an increase in the rates of pedestrian and bicyclist injuries and deaths nationally, and WHEREAS, lower speeds provide greater flexibility in roadway design, and WHEREAS, a reduction in speed from 30 miles per hour to 25 miles per hour represents an increase in travel time of only 24 seconds per mile under free flow conditions, and April 6, 2022 12 WHEREAS, the State Vehicle and Traffic Law Section 1643 prohibits cities and villages outside New York City from establishing area-wide speed limits below 30 miles per hour and also prohibits establishing any speed limit under 25 miles per hour on any roadway (except school zones), and WHEREAS, in some cases, this law prevents the City from establishing appropriate speed limits based on accepted engineering practices, and WHEREAS, New York State Assemblymember Amy Paulin has introduced Assembly bill 1007 which is the same as Senate bill 2021 introduced by Senator Rachel May, which would enable cities, villages and towns to establish a maximum speed limit applicable throughout the municipality of 25 mph; now, therefore, be it RESOLVED, By the Common Council of the City of Ithaca, NY, that: SECTION 1. The City of Ithaca hereby expresses its support for Assembly bill 1007 and Senate bill 2021 and requests that its state representatives, Assemblymember Anna Kelles and Senator Tom O’Mara, support this legislation, ask the prime sponsors to amend the bill to allow reductions to 20 mph, and that our representatives do all in their power to advance this bill, with the 20 mph amendment, in the New York State Legislature. Alderperson Cantelmo explained that this Resolution expresses support for this bill in Albany and further requests that the bill lower the speed threshold from 25 mph to 20 mph. The City would like the flexibility to lower the speed limit to 20 mph where needed for safety reasons. He clarified that at present, this is non-binding legislation. A vote on the Resolution resulted as follows: Carried Unanimously 4.4 DPW - Authorization of Hazard Mitigation Grant Program Application By Alderperson Cantelmo: Seconded by Alderperson Nguyen WHEREAS, the New York State Division of Homeland Security and Emergency Services (DHSES) has announced the availability of Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) funds for Presidential Declaration: DR-4480 (COVID-19), and WHEREAS, prioritization criteria for the award of the grant includes: projects that address climate change adaption and resiliency, projects that reduce risks associated with flooding, projects that protect and/or mitigate risk to critical infrastructure and utilities, and projects that are identified in a FEMA approved Hazard Mitigation Plan and, WHEREAS, the City of Ithaca completed a Local Flood Hazard Analysis (LFHA) in 2020, which identified flood risks from a 100-year (1% probability) event along with specific mitigation measures to reduce those flood risks, and WHEREAS, the City of Ithaca recently adopted the FEMA approved Hazard Mitigation Plan update prepared by Tompkins County, which includes the mitigation measures identified in the LFHA, and WHEREAS, FEMA recently issued draft flood maps for the City of Ithaca which are consistent with the flood risks identified in the LFHA, and will eventually replace the 1981 Flood Insurance Rate Maps (FIRMs), and show a significantly larger flood zone than the 1981 FIRMs which will greatly affect the number of properties requiring flood insurance, and WHEREAS, the proposed mitigation measures will increase flow capacity for Fall, Cascadilla, and Six Mile Creeks, prevent backflow related flooding through April 6, 2022 13 the storm system, reduce flood risk for large portions of the City, and reduce the flood zones shown on the proposed FEMA maps; now, therefore be it RESOLVED, That the Mayor of the City of Ithaca, is hereby authorized and directed to submit an application in accordance with the provisions of the Hazard Mitigation Grant Program for Presidential Declaration DR-4480, in an amount not to exceed $12,000,000, and upon approval of said request to enter into and execute a project agreement for such financial assistance to the City of Ithaca for design, right-of-way acquisition, construction and construction inspection of a project as described above, and be it further RESOLVED, That contingent upon award of the HMGP funds, the Common Council hereby authorizes the establishment of Capital Project #913 to pay in the first instance 100% of the federal and non-federal share of the cost of all work for the Project; and be it further RESOLVED, That contingent upon award of the HMGP funds, the sum not to exceed $3,000,000 is hereby appropriated from serial bonds and made available to cover the cost of participation in the above Project in the first instance, and be it further RESOLVED, That the total project cost shall not exceed $12,000,000 with the understanding that the breakdown of funds to be approximately $9,000,000 in HMGP funds, and $3,000,000 in City of Ithaca serial bond financing, to be administered by the Superintendent of Public Works, and be it further RESOLVED, That in the event the full federal and non-federal share costs of the project exceed the amount appropriated above, the City of Ithaca Common Council shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDHSES 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 that the Superintendent of Public Works is hereby authorized to execute all certifications or reimbursement requests for HMGP funding on behalf of the City of Ithaca 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 all Project costs that are not so eligible, and be it further RESOLVED, That this resolution shall take effect immediately. Alderperson McGonigal noted that the Tompkins County Legislature is looking for more specific information about the types of projects this would include along the creeks. Superintendent of Public Works Thorne stated that when the Local Flood Hazard Analysis was conducted, the USGS prepared flood models and the City’s consultant Barton & Loguidice developed various mitigation options to increase capacity in Cascadilla Creek, Fall Creek, and Six Mile Creek. Options may include flood walls, berms, and the use of aesthetic and functional landscape architecture. He explained that the levies in Fall Creek are likely the right height but are showing signs of erosion, so strengthening those levies would be included in the project to ensure that they can handle larger flows in the future. Backflow preventors would be installed on the outlets into the creek. He noted that the Department of Conservation is still working on the dredging project and is projecting that dredging will be completed in 2023. These projects may occur around the same time, and the hope is that FEMA will revise the flood maps at that point. Acting Mayor Lewis asked what impact these mitigation projects may have on the projected flood insurance requirements. Superintendent of Public Works Thorne stated that FEMA plans to finalize the draft flood maps in January of 2024. The City is asking FEMA to postpone the finalization of the flood maps until this work April 6, 2022 14 can be completed. The City will submit a letter of map revision to show that the flood risk from the creeks has been mitigated. This request is currently being considered by FEMA. Alderperson Nguyen inquired about the cost effectiveness of dredging the creeks. Superintendent of Public Works Thorne noted that this issue was discussed when the flood hazard analysis was completed as creeks tend to stabilize and require constant dredging. The USGS suggests that managing brush in the creek beds is more effective than dredging. He noted that raising the creek walls won’t impact the channel bottom. He added that the improvements included in this grant application have a high benefit/cost ratio. FEMA generally looks for ratios greater than 1. Barton & Loguidice is exploring a revised option that looks like it might be greater than 2 which makes the City favorable to secure a grant. The dredging of the Flood Control Channel, which is a DEC project, has a benefit/cost ratio of less than 1. Alderperson Brock noted that in the 2018 recommendations, the berms would be increased 2-6 feet in height and that could impair views of the creeks and/or the neighborhoods beyond. She asked if the berms in the flood control channel would also be raised. Superintendent of Public Works Thorne noted that the Final 2020 Local Flood Hazard Analysis Report is available on the City website. The recommendations in the Report show that there would be no raising of the berm on Fall Creek. The Cascadilla Creek earthen berm may be raised 1-2 feet or a low wall may be installed with the consultation of a landscape architect. The areas of greatest concern on Six Mile Creek are just downstream of the Cayuga Street bridge, where a 4-6 foot wall may be installed while retaining access to the creek. The areas with the highest walls would be behind Cayuga Lumber and places that the public doesn’t view as much. Design input will be sought from the community and the Planning Department. The goal is to prevent flooding in those neighborhoods while maintaining a pleasant aesthetic. The flood control channel needs to be dredged; however, raised berms or walls are not necessary. Acting Mayor Lewis asked when there might be another public meeting. Superintendent of Public Works Thorne responded that there would be a public meeting once the project moves to the design phase. A vote on the Resolution resulted as follows: Carried Unanimously 4.5 Common Council - Hangar Theatre Company Request for Study and Insurance By Alderperson Cantelmo: Seconded by Alderperson Brock WHEREAS, the City and the Hangar Theatre Company have an agreement that the City will maintain the property around the theatre and the Hangar Theatre Company maintains the interior, and WHEREAS, the Hangar Theatre Company continues to flood on a regular basis, and WHEREAS, the City staff has done significant research on the property and held several meetings regarding the property, and WHEREAS, City staff have determined that an engineering study can be performed with an estimated cost of no more than $30,000 to assess the flood possibilities for the Hangar Theatre property and building; now, therefore be it RESOLVED, That the City of Ithaca fully fund an engineering study to assess flood mitigation opportunities for an amount not to exceed $30,000 with the funds being derived from Capital Project #875 Assessment of Cass Park Fields and Buildings, and be it further April 6, 2022 15 RESOLVED, That the Hangar Theater Company will assist in raising funds for flood mitigation efforts revelated by the engineering study and will make decisions in partnership with the City of Ithaca, and be it further RESOLVED, That the City of Ithaca shall add the cost of flood insurance, currently estimated at $5,800 annually, to the Hangar Theatre building until the completion of the study to determine what can be done to prevent the further flooding of the property and the building, and be it further RESOLVED, The Hangar Theatre Company respectfully requests the following of City of Ithaca: 1) Fully fund an engineering study to assess flood mitigation opportunities 2) Carry flood insurance on the hangar building including premium and deductible 3) Support Hangar Theatre in finding a new location should the results of the engineering study indicate that continuing to use the building as a theatre over the long term prove unfeasible The Hangar Theatre will: 1) Work with the City to raise funds for feasible flood mitigation efforts revealed by the engineering study and make decisions in partnership with the City; 2) Continue to make investments in the building to minimize damage from floods and take the lead on clean up and reporting to insurance when the theatre floods; 3) Continue to support efforts by the Ithaca Landmarks Preservation Commission to get on the historic register; 4) Supply the City with records and information about the historic hangar building and its significance in our community. Alderperson Brock thanked the City for their support for the Hangar Theatre in the past, present, and future and stated that this is a worthy investment to investigate potential flood mitigations. A vote on the Resolution resulted as follows: Carried Unanimously 4.6 Approval of Recreation Partnership Agreement By Alderperson Cantelmo: Seconded by Alderperson Gearhart WHEREAS, the undersigned municipalities enter into this Intermunicipal shared services agreement for a five year renewable recreation partnership, and WHEREAS, the membership of the Recreation Partnership (RP) includes Towns of Caroline, Danby, Dryden, Enfield, Groton, Ithaca, Newfield, and Ulysses (including Trumansburg School District), the Village of Lansing, City of Ithaca, and Tompkins County, and WHEREAS, this agreement shall become effective upon execution by each and every participating municipality and shall be in force for the period beginning January 1, 2023, through December 31, 2027, and may be renewed for an additional five years by appropriate resolutions by each of the municipal partners on or before December 31, 2027; now, therefore, be it RESOLVED, That the City of Ithaca will continue its membership in the Recreation Partnership Agreement from January 1, 2023, to December 31, 2027, and be it further RESOLVED, That the City of Ithaca will continue to contribute one quarter of the total cost of the Recreation Partnership, an amount that is determined and recommended by the RP board annually to participating municipalities, and be it further RESOLVED, That Common Council votes to approve this Recreation Partnership Agreement for 2023 - 2027 and authorizes Acting Mayor Lewis to enter into the contract. April 6, 2022 16 Alderperson Brock noted that this item was included in the consent agenda for the City Administration Committee and was not discussed at the meeting. She stated that during her time as Chair and her many years of involvement on the GIAC Board, she has recognized that an increasing number of the participants in GIAC activities, including after-school recreational activities, are non-city residents. She stated that she would like to encourage those who renegotiate these Recreational Partnership Agreements to consider including GIAC. Alderperson McGonigal stated the Recreation Partnership is an excellent partnership. He noted that he is currently serving on the GIAC Board and hasn’t heard of a new influx of non-city residents in GIAC’s programs but will inquire about it. Alderperson Brock explained that it is not a new influx of participants, it has been the case for several years. Alderperson Gearhart explained that the breakdown of contributions from the different municipalities is based on usage and suggested an increase in coordination between the Youth Bureau and GIAC rather than applying pressure on the Recreation Partnership. The current contribution level is 25% City of Ithaca, 25% Tompkins County, 25% Town of Ithaca, and the other participating municipalities comprise the final 25% based on participant usage. A vote on the Resolution resulted as follows: Ayes (8) McGonigal, Nguyen, Gearhart, Barken, Mehler, DeFendini, Cantelmo, Lewis Nays (1) Brock Carried (8-1) 4.7 Common Council - Release of Southside Community Center Funding in 2022 Budget By Alderperson Cantelmo: Seconded by Alderperson DeFendini WHEREAS, the Common Council included within the 2022 budget funding in restricted contingency $200,000 for Southside Community Center which has been previously funded by the City; now, therefore be it RESOLVED, That said $200,000 in Southside Community funding be hereby released from Account A1990 Restricted Contingency to Account A1016-5435 Southside Contracts, after execution of an MOU “substantially similar to the previous City-Southside MOU”. City Controller Thayer explained that Common Council placed these funds into restricted contingency in October 2021. He stated that he received the 2021 Southside Community Center Annual Report today and acknowledged that the City still owes the 4th quarter payment of 2021 funds, based on last year’s activity. He stated that if the funding is released, he would request that activity reports for 2022 be submitted on a quarterly basis as has been done for the past several years. He explained that upon receipt of the reports, he conducts a review of the financial activity and determines if a payment is necessary and applicable. He further noted that the City would be exploring different review processes for 2023. A vote on the Resolution resulted as follows: Carried Unanimously 4.8 MOU’s for Outside Organizations Funded in 2022 Budget By Alderperson Cantelmo: 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, Common Council asked for all new non-profits to fill out a form to be turned into the Controller no later than April 15, 2022; now therefore, be it RESOLVED, That such funding as Council budgeted in restricted contingency for potential expenditure on services to be rendered by Black Hands Universal (“BHU”) and April 6, 2022 17 Unbroken Promises Initiative (“UPI”) shall be processed by the Common Council through satisfactory review and approval of the 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, a brief financial form to be filled out as they have previously for other organizations receiving City or County funding, turning the form into the Controller’s Office by April 15, 2022, and the controller will 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 the Mayor’s approval, separate MOU’s for 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 other non- profit and city organizations 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. Alderperson Cantelmo noted that the intention of this process is to prevent these organizations from having to wait for three separate Common Council meetings for their funding to be released. A vote on the Resolution resulted as follows: Carried Unanimously Motion to Extend the Meeting By Alderperson Cantelmo: Seconded by Alderperson Brock RESOLVED, That the Common Council meeting be extended by one hour. Carried Unanimously REPORT OF THE CITY CONTROLLER: City Controller Thayer reported on the following: • The City is waiting for the final NYS budget to be released. It appears that the City will receive the same amount of state aid as in 2021. • 2022 Sales tax revenues are up 11.6% from the same time period in 2021. • Parking revenues continue to be slow: $365,000 has been collected to date. The Green Street Garage will come back online in a few months. • Building Permit revenues: $2 million was budgeted - $280,000 has been collected to date. • Site Development Fees: $220,000 was budgeted - $137,000 has been collected to date. • The CPI is at 7.7% which is good for the Cornell University MOU payments; however, it means increased operating costs for the city and higher costs to consumers. Alderperson McGonigal asked about the Southside Community Center custodial issue. City Controller Thayer responded that DPW staff would have more details; however, he acknowledged that staff shortages have created the need for staffing adjustments in city facilities. RECESS: Common Council recessed at 9:57 P.M. RECONVENE: Common Council reconvened into Regular Session at 10:10 P.M. April 6, 2022 18 PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 5.1 An Ordinance to Amend Chapter 258 of the City of Ithaca Municipal Code Entitled “Rental Housing” Regarding Notification of Tenants A. Declaration of Lead Agency By Alderperson Lewis: Seconded by Alderperson Brock WHEREAS, State Law and Section 176-6 of the City Code 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, the proposed zoning amendment is an “Unlisted” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposal to amend Chapter 258 of the City of Ithaca Municipal Code Entitled “Rental Housing” regarding Notification of Tenants. Carried Unanimously B. Declaration of Environmental Significance By Alderperson Lewis: Seconded by Alderperson DeFendini WHEREAS, The Common Council is considering a proposal to amend Chapter 258 of the City of Ithaca Municipal Code Entitled “Rental Housing” regarding Notification of Tenants, and WHEREAS, the appropriate environmental review has been conducted, including the preparation of a Short Environmental Assessment Form (SEAF), dated March 9, 2022, and WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental Quality Review Ordinance, and WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the SEAF prepared by planning staff; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own the findings and conclusions more fully set forth on the Short Environmental Assessment Form, dated March 9, 2022, and be it further RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary, and be it further RESOLVED, That this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. Carried Unanimously C. An Ordinance to Amend Chapter 258 of the City of Ithaca Municipal Code Entitled “Rental Housing” Regarding Notification of Tenants By Alderperson Lewis: Seconded by Alderperson Mehler WHEREAS, the City of Ithaca has a substantial renter population, with 74%1 of Ithaca’s 32,1082 residents renting, and 11 http://www.cityofithaca.org/DocumentCenter/View/10148/2019-2023-Consolidated-Plan?bidId= 2 https://www.census.gov/quickfacts/ithacacitynewyork April 6, 2022 19 WHEREAS, by providing a 120-day waiting period before receiving an opportunity to renew a lease, a tenant will have had ample and appropriate time to decide on whether to negotiate to renew as well as landlords will have more opportunity to rent to tenants attending Cornell University; now, therefore Ordinance No. 2021- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section 258-10 of Chapter 258 of the City of Ithaca Municipal Code Entitled “Rental Housing” is hereby amended as follows: § 258-10 Renewal of rental agreements; notification to tenants. A. The landlord shall provide a minimum of 60 120 days’ written notice to current tenants of a residential unit before doing any of the following: (1) Renewing the current rental agreement. (2) Showing the residential unit to prospective new tenants or otherwise suggesting to prospective tenants that the unit is currently available for rent. (3) Entering into a rental agreement with new tenants. B. Such written notice may be provided at any time during the rental agreement period, from the effective date onwards. This provision of notice shall not apply under any of the following conditions: (1) The current rental agreement period is less than nine months. (2) A summons and complaint to recover possession of the premises has been filed and served on the current tenant in accordance with all applicable laws and rules. (3) The landlord and tenant mutually agree, in writing, to waive the notice period by specifically including the following language bolded and explicitly visible on the first page of the contract: “As per Chapter 258-10(A) of the City of Ithaca Municipal Code, landlords shall provide a minimum 120 days’ written notice to current tenants of a residential unit before doing any of the following: (1) Renewing the current rental agreement (2) Showing the residential unit to prospective new tenants or otherwise suggesting to prospective new tenants that the unit is available for rent (3) Entering into a rental agreement with new tenants By initialing here , I fully understand and willingly waive my rights to 120 days’ written notice in advance of the above.” (…) Section 2. This ordinance shall take effect on February 3, 2022 May 31, 2022 after publication of this ordinance pursuant to the City Charter. April 6, 2022 20 Discussion followed on the floor regarding the use of a static number that is subject to fluctuation to reflect the City’s renter population, versus a more general statement that reflects the status of the City’s housing market. Amending Resolution By Alderperson Barken: Seconded by Alderperson RESOLVED, That the First Whereas Clause be amended to read as follows: “WHEREAS, the City has a seasonal housing market which serves a sizeable student and transient rental population, and” Acting Mayor Lewis suggested that the Whereas Clause be amended to read: WHEREAS, the City of Ithaca has a substantial renter population, and”. This language was considered a Friendly Amendment. Alderperson DeFendini voiced his support for the Ordinance and questioned the enforceability of the legislation. City Attorney Lavine stated that the enforcement aspect of this legislation would be that a landlord or tenant would need to bring an action to City or County Court. Alderperson Mehler explained the intention of the new language is to work in collaboration with property owners on this process. The waiver is meant to be a conversation starter, so having it bolded and listed on the first page of the contract helps call the tenant’s attention to the language. This legislation was not intended to be a punitive action after a particular date. Alderperson DeFendini asked if a community education program would be developed to explain this legislation to the broader tenant community. Alderperson Mehler noted that he would be addressing this topic while campaigning in the Fourth Ward. Alderpersons Brock and Gearhart extended thanks to Alderperson Mehler for his work on this legislation. Alderperson Gearhart noted that the majority of people impacted by this action will be college students and suggested that the City leverage its partnerships with the institutions of higher education to ensure that they are informing their communities about this important piece of legislation. A vote on the Ordinance resulted as follows: Carried Unanimously 5.2 Acceptance of the Definition of “Climate Justice Community” This item was withdrawn from the agenda. INDIVIDUAL MEMBER FILED RESOLUTIONS: 6.1 Naming of Bridge for Kirby Edmonds By Alderperson Lewis: Seconded by Alderperson Brock WHEREAS, Town of Ithaca Supervisor Rod Howe reached out to Acting Mayor Laura Lewis inquiring into naming the bridge spanning Route 13 near Home Depot, affectionately known as the “bridge to nowhere”, as the “Kirby Edmonds Bridge”, to honor the lifelong work and achievements of Mr. Edmonds, and WHEREAS, this bridge is geographically located on the border of the City of Ithaca and the Town of Ithaca and is an integral connector to the Gateway Trail and the soon to be extended Black Diamond Trail, and WHEREAS, Kirby Edmonds dedicated himself to community service and building a better world through conflict resolution and mediation, dismantling exclusive practices, addressing racism, and bridging differences by bringing together diverse groups to hold respectful but frank dialogues, and WHEREAS, Kirby, who passed away in August 2020, was known for adding his voice quietly yet with impact and for his considerable talent as a facilitator in situations where he worked with others to further a vision of justice for all, and WHEREAS, Kirby was known as a builder of movements, he also took on other mantles: contributor, connector, leader and encourager of others to plan actions to April 6, 2022 21 ensure greater power and resources into people’s hands, as seen locally with his spearheading the creation of Building Bridges – the Collective Impact Initiative to promote a socially just, ecologically sound, sustainable economy in the Tompkins County region, and WHEREAS, Kirby’s skills as a facilitator contributed greatly to the development of the City of Ithaca’s Comprehensive Plan, his assistance in distributing news and information regarding local relief efforts during the pandemic – despite his declining health – was yet another contribution to our community, among many other initiatives he aided, and WHEREAS, Common Council believes that the naming of this bridge would be a fitting recognition of the lifelong work and dedication Kirby offered to the greater Ithaca community; now, therefore, be it RESOLVED, That Common Council hereby names the bridge over Route 13 near Home Depot as the Kirby Edmonds Bridge so that it will forever be known as the bridge that will lead one to a place of peace, beauty, connection, and adventure, much as its namesake did throughout his life. Carried Unanimously 6.2 Commitment to the "Stretch to Zero Pilot Program” By Alderperson Cantelmo: Seconded by Alderperson Nguyen WHEREAS, the City of Ithaca has demonstrated its desire and commitment to be a leader in sustainability and social equity, as exemplified by the adoption of the Ithaca Green New Deal, and WHEREAS, in 2019 the State of New York signed the Climate Leadership and Community Protection Act (Climate Act), which committed New York State to reduce greenhouse gas emissions by 40% by 2030 and at least 85% by 2050, and WHEREAS, the City has further demonstrated its commitment to reduce greenhouse gas emissions through the adoption of the Ithaca Energy Code Supplement in May 2021, eventually requiring new constructions and major renovations to stop relying on fossil fuels to meet their energy needs, and WHEREAS, the City continues to strengthen its energy codes and further develop an energy performance standard, applying to existing commercial and residential buildings, and WHEREAS, the City has further demonstrated its commitment to reducing greenhouse gases from energy use inside buildings by approving the Energy Efficiency Retrofit and Thermal Load Electrification Program in November 2021, and WHEREAS, in support of the Climate Act, the New York State Energy Research and Development Authority (NYSERDA) is soliciting funding proposals for the “Stretch to Zero Pilot Program” for cities that will create and test workable approaches for the local and statewide implementation of a decarbonized, zero on-site greenhouse gas emissions code, and WHEREAS, a “Stretch to Zero” award would provide $500,000 to the City in exchange for formal information sharing on the initiatives and associated processes related to electrification and the Ithaca Green New Deal, and WHEREAS, the “Stretch to Zero” award would require no matching funds; now, therefore, be it RESOLVED, That the City authorizes staff to apply to be part of the “Stretch to Zero” program managed by NYSERDA; to develop the required agreements between the funder and the City; and to share information about decarbonization and electrification processes and initiatives with NYSERDA, including: April 6, 2022 22 • Financing models for electrification. • Initiatives and programs that support BIPOC and low to moderate income residents in the transition to a decarbonized economy. • Data collection. • Management and work-flow expectations for electrification of commercial and residential buildings. • Workforce development models including recruitment, certifications, micro-credentialing, training, job placement, and wraparound infrastructure, and be it further RESOLVED, That the Planning and Development Department will be responsible of communicating and reporting to NYSERDA’s Stretch to Zero Pilot Program. Alderperson Cantelmo noted that this item was member filed due to the grant application deadline. Alderperson Brock thanked Director of Sustainability Aguirre-Torres and Sustainability Planner Evans for bringing this opportunity forward. She noted that it appears that the City would receive funding for sharing information on initiatives that it is already working on and asked for clarification if there were other requirements that would add to the current workload of staff. Director of Sustainability Aguirre-Torres explained that the funding is supposed to be used to achieve the goal of reducing greenhouse gas emissions 100% inside Ithaca’s building stock. There are a number of actions that would qualify for this funding such as the development of a building performance standard / energy code supplement for existing buildings. In order to participate in the program, NYSERDA requires proof of the City’s support for this work. A vote on the Resolution resulted as follows: Carried Unanimously 7.1 COMMON COUNCIL APPOINTMENTS: Appointments to City of Ithaca Local Board of Assessment Review By Alderperson Lewis: Seconded by Alderperson Mehler RESOLVED, That Marjorie Olds, Marshall McCormick, and Ceril Sandstrom (as alternate) be appointed to the City of Ithaca Local Advisory Board of Assessment Review for 2022. Carried Unanimously 7.2 MAYOR’S APPOINTMENTS: Appointment to Board of Zoning Appeals By Alderperson Lewis: Seconded by Alderperson Mehler RESOLVED, That Andre Gardiner be appointed to the Board of Zoning Appeals with a term to expire December 31, 2024. Carried Unanimously Motion to Extend the Meeting By Alderperson Lewis: Seconded by Alderperson Cantelmo RESOLVED, That the Common Council meeting be extended to end at 11:30 PM. Carried Unanimously REPORT OF THE CITY ATTORNEY: Motion to Enter into Executive Session to Discuss Collective Bargaining Negotiations By Alderperson Lewis: Seconded by Alderperson Mehler RESOLVED, That Common Council enter into Executive Session to discuss collective bargaining negotiations. Carried Unanimously April 6, 2022 23 Motion to Enter into Executive Session to Discuss the Purchase or Sale of Real Estate By Alderperson Lewis: Seconded by Alderperson Mehler RESOLVED, That Common Council enter into Executive Session to discuss the purchase or sale of real estate. Carried Unanimously Motion to Extend the Meeting By Alderperson Lewis: Seconded by Alderperson Cantelmo RESOLVED, That the Common Council meeting be extended to end at 11:45 PM. Carried Unanimously RECONVENE: Common Council reconvened into Regular Session with no formal action taken. ADJOURNMENT: On a motion the meeting adjourned at 11:45 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Laura Lewis City Clerk Acting Mayor