HomeMy WebLinkAboutMN-CC-2022-05-04COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. May 4, 2022
PRESENT: Acting Mayor Lewis Alderpersons (9) Brock, McGonigal, Nguyen, Brown, 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 Director of Engineering – Logue Director of Sustainability - Aguirre-Torres
Acting Director of Planning & Development – Nicholas
ADDITIONS TO OR DELETIONS FROM THE AGENDA: Acting Mayor Lewis requested the deletion of Item 1.5 – Update on Reimagining Public Safety.
Cantelmo – move 5.2 to 1st item on CA Committee No appointment to TC EMC –
No Council members objected. Reminder – Committee of the Whole meeting 5-11-21 at 6:00 pm Co-moderated session at Cornell University
SPECIAL PRESENTATIONS BEFORE COUNCIL: 2022 Redistricting Proposal Lewis – expressed thanks to the Redistricting Working Group for all of their work on this project.
Mr. Hank Dullea – Redistricting working group appointed by Myrick. First meeting on Dec. 20, 2021. Since Jan. 18, meeting bi-weekly. Express appreciation to other members of the working group – thanks to City staff for their assistance. Most important part of report is the criteria set by NYS. Amended last year to make it more difficult for
local redistricting. Use US Census Bureau blocks in determining population. Real challenge when getting to deviation blocks. Ithaca has Census blocks that are enormous. 3.66% is the total deviation. Have met the standard. Minority voting rights – have looked and examined racial demographic across the city. Don’t want to have adverse effects on minority voting rights.
Report includes the listing of the criteria for permissible deviations…get from report Constrained to use US Census Blocks when determining the deviations. No special favoritism – political parties or elected officials.
Unanimous recommendation from the Working Group.
Jared Pittman – here to sing Hank’s praises… Lewis – the next step for this plan is to move it to the CA Committee in June to draft a Local Law with a final vote at Common Council at July 6th. Implementation would be in
the 2023 election cycle. No mandatory referendum needed.
McGonigal – how will these new wards align with the County districts? Is the County going with 15 representatives? Dullea – not finished with the County work yet – have submitted a proposal with 16 legislative districts – City would have 5 representatives.
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The County Charter states 11-19 districts…get from video. There would be 2 legislative districts that go outside of the City – West Hill up through the Town of Ithaca to boundary with Ulysses; another district in the northside that would go outside of the
City.
Brock – echoed Jared’s words to sing the praises of Hank Dullea and the Working Group – very responsive. Lewis – ditto from everyone on Council.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council regarding Reimagining Public Safety: Ruth Yarrow – Proud to be in city that response to people’s concerns about safety and to the governor’s call to reimagine how that’s done. Been impressed with Ithaca’s
Reimagining Safety effort, including all parts of the community, leadership of color, the comprehensive report, especially looking at the data decemination, officer recrument review board and directing the hard working police ot where heir skills are most needed and dispatching civil responders. Wants to remind the public that this is a proven plan. Sites Eugene, OR. About the Cahoots plan. Saves the city some $85M annually. Urging
the council to support the reimaging safety effort. Alana Byrd – Clear there’s a hardy debate, clear that some believe it goes to far, some think it’s not enough. Wanted to make it known to council that she has been talking to Ithacans saying they support reimagining. Resounding support for adding 5 unarmed
officers. Change is needed. Karl Graham – Reading excerpt from Community Leaders of Color. “Express strong support for the planned new Department of Community Safety. Members are grateful to the working group and subcommittee who spent the last eight months researching and
conceiving a plan for a department of responders dedicated to the safety and well-being of the people of Ithaca. We are proud that innovative recommendations emerged from our community representatives, police officers and technical experts. Elan Shapiro –
Robin Trumble –
Marian Mumford – Clark Lumsden – safe drug use Sol – Amos Malone –
John Guttridge –
Jessica Brown – Stacey Dimas – Karen Friedeborn - Ed Swayze –
PRIVILEGE OF THE FLOOR – MAYOR AND COUNCIL
Alderperson Brown thanked all of the speakers for their comments. Voiced her distressed about all of the things that have been in the news this past week. Opportunity to make change in Ithaca, but it is being fought. IPD has not apologized for what black
and brown people have experienced across the country. She is not satisfied with the results, but knew it was step in the right direction. In a lot of pain watching what is happening. This is about the op-ed that came out and the people who are against reimagining.
Alderperson DeFendini stated that he agrees with everything that Alderperson has said. He feels that restrictions were put on the reimagining initiative…doing it for free – they deserve all of the credit and thanks. What we have right now is not working – willing to work with everyone on this initiative without being limited.
Alderperson Brock stated that everyone on Council is committed to seeing change….root out bias…to increase accountability….change has to be meaningful, measurable, and deliberate. Nothing said in the op-ed will slow these things down. We need
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transparency from everyone – including the public. Paid lobbyists who are acting as public speakers.
Acting Mayor Lewis encouraged everyone to focus on the plan…takes issue with the characterization that the majority of speakers were paid lobbyists. Next week’s Committee of the Whole is an opportunity to delve into the work…
Alderperson Cantelmo – echoed DeFendini’s comments about elevating and exceeding
the plan. Agrees that the Reimaging Report is a step. The reforms put forward from this
body, we’ll need to draw inspiration from this community and other communities around New York. Doesn’t think the issue ends with the report process.
Alderperson Nguyen – agreed with Phoebe, Robert, and Jorge - ….briefly noted a
difficult week – nationally, leak of Supreme Court decision may be overturned one of a
long string of disturbing losses of freedom and the right of LGBTQ people to exist, diminishing of voting rights.…truly painful actions across the country.
Alderperson Mehler – spent yesterday at the Jungle and with the unhoused
communities…please take a look at the TIDES proposal.
CONSENT AGENDA: CITY ADMINISTRATION COMMITTEE:
3.1 Planning, Building Zoning & Economic Development – Request to Amend Authorized 2021 Budget for CLG Subgrant By Alderperson Mehler: Seconded by Alderperson Nguyen WHEREAS, the City of Ithaca partnered with the Landmarks Society of Western New York (LSWNY), NYS Office of Parks, Recreation and Historic Preservation (NYS OPRHP), the Preservation League of New York State, and Historic Ithaca to present a
statewide historic preservation conference in 2021; and WHEREAS, the Statewide Historic Preservation Conference was held in November 2021 and gathered 240 historic preservation professionals and enthusiasts as well as economic and community developers, elected officials, educators, and developers from
across the state; and WHEREAS, the City applied for and received a Certified Local Government (CLG) Subgrant in the amount of $22,464 from the NYS OPRHP to help fund the expenses associated with hosting the conference, including a workshop by Incremental
Development, the keynote speaker, printing, graphic design, and mailing expenses, an audiovisual consultant, and Conference scholarships; and WHEREAS, the CLG Subgrant is wholly reimbursable and did not require a local match; now, therefore be it
RESOLVED, That Common Council hereby amends the 2021 Authorized Planning Department Budget to account for the said CLG Subgrant as follows: Increase Revenue Account:
A8020-3989 State Aid Home & Community $22,464.00 Increase Appropriations Account: A8020-5435 Contracts $22,464.00 Carried Unanimously
3.2 Department of Public Information & Technology - Approval of Outdoor Dining Alcohol Permits By Alderperson Mehler: Seconded by Alderperson Nguyen
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
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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 Simeon’s American Bistro and Kilpatrick’s Publick House 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
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PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 4.1 Acceptance of the Definition of “Climate Justice Community” By Alderperson Lewis: Seconded by Alderperson DeFendini
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, the City of Ithaca has further demonstrated its commitment to social and
racial equity and sustainability, as exemplified in the City of Ithaca Comprehensive Plan,
Plan Ithaca and the City’s 2017 Assessment of Fair Housing, and WHEREAS, to fulfill the social equity ambitions of the IGND, a transformative effort must be made to prioritize populations that are and have been historically marginalized,
and
WHEREAS, current and historic marginalization can manifest in ways that are not well-represented solely by income, and
WHEREAS, establishing an explicit definition for Climate Justice Community will shape
future IGND programming in a way that ensures benefits of the IGND are distributed in ways that reduce historic inequities, and WHEREAS, the effects of climate change may combine with other stressors such as
marginalization, inequality and social injustice, becoming a threat multiplier and disproportionately affecting vulnerable population groups, and WHEREAS, as a result of the pandemic and the economic downturn some vulnerable populations may be more likely to be affected by the consequences of climate change,
and WHEREAS, prioritizing vulnerable populations and designating them “Climate Justice Communities” in program planning will result in a more just and resilient Ithaca for all residents, and
WHEREAS, prioritizing vulnerable populations and designating them as “Climate Justice Communities” may result in a more equitable distribution of the economic, social and environmental benefits of the IGND among all residents, and
WHEREAS, the U.S. EPA defines Environmental Justice as, “The fair treatment and meaningful involvement of all people regardless of race, color, culture, national origin, income and educational levels with respect to the development, implementation, and enforcement of protective environmental laws, regulations, and policies.”, and
WHEREAS, the Center for American Progress has provided guidance on implementing the federal Justice40 program under President Joe Biden, which seeks to advance environmental justice and economic opportunity across the United States, 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 Climate Act created the New York State Climate Action Council to
prepare a Scoping Plan to achieve the State’s bold clean energy and climate agenda,
and WHEREAS, the Climate Action Council appointed a Just Transition Working Group to make recommendations to ensure benefits of the State climate agenda are shared
equally among all New Yorkers, and
WHEREAS, the Just Transition Working Group defines Disadvantaged Communities as, “communities that bear burdens of negative public health effects, environmental
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pollution, impacts of climate change, and possess certain socioeconomic criteria, or comprise high-concentrations of low- and moderate-income households”, and
WHEREAS, in 2021, the state of Massachusetts set a precedent of law codification by
adopting an extended and more appropriate definition of Environmental Justice Communities that more accurately represents the vulnerable populations in the state of Massachusetts; therefore, be it
RESOLVED, That the City of Ithaca officially accepts the following definition of a
Climate Justice Community: Climate Justice Communities are communities, including but not limited to individual households, that bear unfair and disproportionate burden of the negative impacts of
climate change; are least able to prepare, withstand and recover from the effects of
climate change; possess certain health, environmental and socioeconomic attributes; include disproportionate concentrations of low- and moderate-income households; or are associated with other present or historical social factors that act as threat multipliers on a warming planet with limited resources.
The establishment of Climate Justice Community criteria is critical to ensure that “the
benefits of the Ithaca Green New Deal are shared among all of our local communities to
reduce historical social and economic inequities”, as described in the Ithaca Green New Deal Resolution adopted in 2019.
For a household to be considered a Climate Justice Community in the City of Ithaca, it needs to meet either the state documented criteria or at least three of the following criteria:
• Residents are experiencing homelessness
• Residents and/or their children are eligible for needs-based local, state, or federal financial assistance
• Residents 25 years of age or older do not possess a high school diploma or GED
• Residents experience food insecurity or low child nutrition levels
• Residents make less than 65% of the County’s median annual income
• Residents spend more than 15% of their total income on household energy costs
• Residents are undocumented immigrants currently working in Tompkins County
For a neighborhood to be considered a Climate Justice Community in the City of Ithaca, it needs to include at least 51% of households classified as Climate Justice Community, and, be it further
RESOLVED, That the City will continue to support the development and implementation
of strategies to accelerate the development of programs to meet the goals established by the Ithaca Green New Deal. Discussion followed on the floor regarding the data point regarding residents who spend
more than 15% of their total income on household energy costs. Evans - A community
survey is planned to collect some of the data so people aren’t at greater risk. Where does the 15% figure come from? Luis – It’s one standard deviation.
A vote on the Resolution resulted as follows:
Carried Unanimously Luis – this is a historic moment. The City of Ithaca is the first municipality in the country
to adopt a definition of a Climate Justice Community. Many municipalities will be
following, but Ithaca was the first.
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CITY ADMINISTRATION COMMITTEE: 5.1 Authorization to Develop Community Choice Aggregation Implementation Plan for the City of Ithaca According to Public Service Commission CCA Order
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, the Ithaca Green New Deal includes city-wide decarbonization and climate justice by 2030, and WHEREAS, to achieve carbon neutrality by 2030 the city requires to reduce its reliance on fossil-fuel generated electricity, and
WHEREAS, the utility company serving City of Ithaca residents relies on a combination of fossil fuel- and carbon-free energy sources to generate electricity, currently offering no viable path to eliminate greenhouse gases (GHG) from electricity generation, and
WHEREAS, other energy service companies offer the option to individual consumers of procuring electricity from renewable sources at a premium, limiting access to renewable energy for the city’s low and moderate income population, and WHEREAS, the Public Service Commission has issued an Order enabling Community
Choice Aggregation (CCA) in all of New York State, empowering communities to negotiate contracts for more favorable rates and cleaner electricity supply, and WHEREAS, CCA allows municipalities to take over the utility’s role as the default supplier of energy to their residents and businesses, and develop programs that control
cost, increase resiliency, reduce carbon pollution, and keep energy dollars local, and WHEREAS, more than 100 municipalities in New York state have adopted CCA, including the City of Rochester and Westchester County, as a voluntary opt-out program, and
WHEREAS, as part of an effort to incentivize CCA the PSC has directed the Clean Energy Advisory Council to develop incentives that foster voluntary investments in clean energy technology, further democratizing renewable energy, and
WHEREAS, per PSC CCA Order, municipalities pursuing CCA may collect funds from customer payments to cover all administrative costs associated with the implementation of a CCA program, and WHEREAS, per PSC CCA Order, Common Council must approve
• A local law to “facilitate the creation of Community Choice Aggregation programs in New York State” before moving forward with the development of CCA Implementation Plan,
• CCA Community Outreach Plan and CCA Data Protection Plan, also to be approved by Common Council before submitting to the PSC for final authorization, and WHEREAS, in collaboration with the Town of Ithaca and other municipalities in
Tompkins County, the City of Ithaca has engaged since September 2021 with Local Power LLC for the development of a CCA program, initially sponsored by Park Foundation, and for which a Capital Project was approved as part of the 2022 budget, and
WHEREAS, a Capital Project in the amount of $100,000 was approved by Common Council as part of the 2022 budget; now, therefore be it RESOLVED, That the City authorizes staff to continue working with Local Power LLC, the Town of Ithaca and other municipalities in Tompkins County, to develop a CCA
program, including a Local Law, Implementation Plan, Outreach Plan and Data
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Protection Plan, Voluntary Investment Plan and Clean Electricity Procurement Plan, all to be submitted to Common Council for approval at a later date in 2022, detailing the following:
• Specifics of how the program will be implemented, how it will benefit or affect the residents of Ithaca, how it will impact the cost of electricity.
• How the program may impact city operations and staff count, and if necessary, a
plan to address hiring needs, including all associated costs.
• The designation of CCA administrator in charge of organization, procurement and communications.
• The costs associated with managing and implementing the CCA program, and
the way in which the City may recover all associated costs.
• How outreach, data protection, implementation and voluntary investment plans will be deployed.
• Timeline for implementation and steps to procure carbon free electricity.
• A comprehensive description of short- and long-term benefits, challenges and opportunities;
and, be it further RESOLVED, That the Planning and Development Department will be responsible of developing and presenting to Common Council a CCA Local Law for approval as a
required next step.
Luis – apologizes for the connectivity issues he experienced at the CA meeting. Will be pursuing a CCA 1.0 to avoid needing staff in the Chamberlain’s Office, Controller’s Office, and City Clerk’s Office. Look for a 3rd party administrator to take on the role of
CCA Administrator to not impose any burden on the clerk’s office. Burden on
Sustainability office would go down from 2-3 people to 1 person. Present all the elements in writing to CC. Alderperson DeFendini – 3rd party administrator – what kind of qualifications should we
be looking for. 120 CCA municipalities in New York State. Small number of
organizations that are performing the role of administrator. Would try to engage with all of them and try to understand how implementation would match with their available capacity and experience and submit to CC for approval. Once selection has been made, if we determine that there is more than one, we would seek advice from Attorney’s office
to see if a RFP is required or what process would be needed. According to Public
Service Commissions, we can directly select CCA Administrator as the lead agency and then approval for the entire package, including local law will be done at one time. (LEFT OFF AT 1:26.46)
Alderperson Brock – are there any needed language changes needed at this time? Luis
– no – only authorizing the development of a plan. The plan will need to be adopted by Common Council at a later date. Lavine – move forward with a $140,000 study to move forward with CCA.
Extensive discussion followed on the floor regarding the required next steps. Luis –
provide a detailed plan…and also present a Local Law for consideration after going through PEDC pursuant to the requirements of Public Service Commission. LL – develop plans – CC approval prior to going to the Public Service Commission.
Brock – where is the $140,000 coming from? 2022 approved Capital Project
Thayer – a Resolved clause should be included to mention that Common Council approved a Capital Project as part of the 2022 budget
Cantelmo – looking at other municipal templates and noticed that some of the draft
language is saying that under the local law a community choice aggregation program is hereby adopted by the municipality….wants to be very clear that the Local Law does not inadvertently commit the City to a significant amount of money before all of the data is available from the study.
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Lewis – it would be helpful to regular updates to Council regarding the progress of this initiative.
A vote on the Resolution resulted as follows:
Carried Unanimously
5.2 An Ordinance Amending Chapter 215 of the City of Ithaca Municipal Code Entitled “Human Rights Protection” in Relation to Unlawful Discriminatory Practices
By Alderperson Cantelmo: Seconded by Alderperson DeFendini WHEREAS, the City of Ithaca has a long-standing commitment to provide protection against discrimination to its residents in the area of employment, and WHEREAS, the U.S. workforce has a well-documented racial and gender pay gap, and
WHEREAS, research in the field of labor economics finds that hourly and salary compensation transparency improves pay equity and improves employee retention for employers; now, therefore
ORDINANCE 2022 - 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. The City of Ithaca has an interest in providing protection against discrimination to its residents.
2. Equitable employer-employee relations are a matter of public welfare. 3. Wage transparency empowers employees to make informed decisions about personal financial and economic stability. Based upon the above findings, the intent and purpose of this ordinance is to foster
wage transparency in the employer-employee relationship in the city. Section 2. §215-2, “Definitions”, is hereby amended so that the following particular Definitions shall read as follows, without change to other Definitions included in 215-2:
EMPLOYEE An individual who performs services for and under the control and direction of an employer for wages or other remuneration, but not including [Does not include] any individual employed by his or her parents, spouse or child, or in the domestic service of any person, nor any person whose work qualifies under applicable New York State law
as that of an independent contractor. EMPLOYER Any person, firm, partnership, institution, corporation, or association that employs one or
more employees, but not including any such entity [Does not include any employer] with
fewer than four employees in its employ. EMPLOYMENT AGENCY [Includes any] Any person undertaking to procure employees or opportunities to work as
an employee.
Section 3. §215-3 of the City Code is hereby amended to add at the end thereof a new subsection F to read as follows:
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F. Employment; minimum and maximum compensation in job listings. 1. It shall be an unlawful discriminatory practice for an employment agency,
employer, employee or agent thereof to advertise an opportunity for employment
as an employee, including a job, promotion or transfer opportunity without stating the minimum and maximum hourly or salary compensation for such position in such advertisement. In stating the minimum and maximum hourly or salary compensation for a position, the range may extend from the lowest to the highest
hourly or salary compensation the employer in good faith believes at the time of
the posting it would pay for the advertised job, promotion or transfer opportunity. 2. This subdivision does not apply to an employer that employs fewer than four employees whose standard work locations are in the city.
3. This subdivision does not apply to a job advertisement for temporary employment at a temporary help firm as such term is defined by subdivision 5 of section 916 of article 31 of the labor law.
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 on September 1, 2022, and in accordance with law upon publication of notices as provided in the Ithaca City Charter.
Cantelmo - Thanks for the opportunity to discuss this topic and thanks to City Attorney Lavine and his staff for their assistance with the development of this legislation. Get other comments from video.
Lewis – how the number 4 arrived at regarding the applicability of this legislation – get
Cantelmo’s explanation from video. Mehler – thanks to the Collegetown Business Association for providing input….
DeFendini – get comments from video – as a college senior entering the workforce….as
a Latino – discriminatory practices….proud supporter of this legislation. A vote on the legislation resulted as follows: Carried 9-1 Barken
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5.3 Authorize Purchase of Easement for Improvement of Water System By Alderperson Cantelmo: Seconded by Alderperson Nguyen WHEREAS, the City of Ithaca (“City”) operates a municipal water system through its
Department of Public Works, and
WHEREAS, the City maintains two water main lines on South Hill in the vicinity of South Aurora Street and Hudson Place near the City border with the Town of Ithaca, and
WHEREAS, the City desires to connect these two water mains in order to create a loop
in the system, which would improve circulation, water quality, and fire flows for the benefit of the general public and City water users, and WHEREAS, in order to connect the two water main lines, the City must obtain a
property interest in a portion of the land located at 117-119 Coddington Road (Tax
Parcel 115-2-1.1), which interest will consist of an approximately 20-foot-wide easement over approximately 1390 square feet of land that will enable the City to locate a water main extension underneath the subject property, and
WHEREAS, on March 2, 2022, Common Council declared itself lead agency for
environmental review and determined that the acquisition of the easement and extension of the main would have no significant environmental impact, and WHEREAS, on March 2, 2022, Common Council authorized acquisition of the
easement by eminent domain, and
WHEREAS, since that date, the City has been in negotiations with the property owner for the voluntary transfer of the easement on mutually acceptable terms; now, therefore, be it
RESOLVED, That the Department of Public Works, in conjunction with the City Attorney, is authorized to offer terms for the voluntary acquisition of the easement that will enable the connection of the water mains and improvement of the water system, including the expenditure of not more than $6,000, provided, however, that said funds
shall be expended from previously authorized departmental operating budgets or
applicable capital project accounts, and, be it further RESOLVED, That the Acting Mayor, in consultation with the City Attorney, is authorized to execute any such documents as shall be necessary to effectuate the transfer of the
easement, and, be it further
RESOLVED, That in the event that the City and property owner are unable to reach an agreement for voluntary transfer of the easement, the easement shall be acquired by eminent domain as previously authorized by Common Council.
Asst. City Attorney Kessler – have been able to reach agreement with the property owner. Lavine thanked Kessler for all of his work in getting us to this point. Carried Unanimously
5.4 Approval and Authorization to Execute Memorandum of Agreement and Settlement with Ithaca Police Benevolent Association By Alderperson Cantelmo: Seconded by Alderperson Brock WHEREAS, in or about August and September of 2020 the Ithaca Police Department
(“IPD”) mandated certain officers to perform overtime work, and
WHEREAS, the Ithaca Police Benevolent Association (“PBA”) filed an improper practice charge with the Public Employment Relations Board (“PERB”) contending the City had an obligation to bargain with the PBA over procedures for allocating mandatory overtime
work (Charge No. U-37670) (the “Charge”), and
WHEREAS, an administrative law judge of PERB encouraged the City and PBA to resolve the Charge by negotiating procedures for allocating mandatory overtime work, and
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WHEREAS, the City and PBA successfully negotiated the procedures for allocating mandatory overtime work, which are reflected in the Memorandum of Agreement and
Settlement; now therefore be it
RESOLVED, That the Common Council approves the Memorandum of Agreement and Settlement between the City and PBA setting forth procedures for the allocation of mandatory overtime work, providing for the payment of mandatory overtime work at a
double time rate in specified circumstances, and allowing either party a yearly
opportunity to opt out of the terms of the Memorandum of Agreement and Settlement in which case provisions for allocation and payment for mandatory overtime work would be renegotiated, and providing for PBA’s withdrawal of the Charge; and, be it further
RESOLVED, That the Acting Mayor is authorized to fully execute the Memorandum of
Agreement and Settlement on behalf of the City. DeFendini – doesn’t think this in the City’s best interest to approve this agreement right now in midst of the Reimagining Public Safety….double pay – misuse of resources…get
from video.
Joly – currently there is no provision in the contract for mandatory overtime. When needed, they have to hold officers over from shifts or ask them to come in early. Using the 2022 pay rate…many officers don’t cash in the comp time – they use it for vacation.
December officer involved shooting – 157.5 hours of mandatory overtime in 2019 –
would be approx.. 75 hours…$3,028 hours…GET FROM VIDEO 2020 Civil unrest – 4,700 if everyone took pay – 2021 53 hours $1,092 in total. This is for unpredicted circumstances. There is no mechanism in the contract to deal with this. This is a result of negotiations between PERB? Would help in this case where they are short-staffed.
DeFendini – what happens to the money that doesn’t get cashed in – can it be reallocated to other purposes. Brown – at a time when we are working on reimaging policing, she is concerned that
those funds could be used differently – does not support.
Mehler – What was PERB’s ruling specifically. Lavine – PERB hasn’t issued its ruling yet – the PBA filed a grievance…the City and the PBA settled the matter with this Memorandum of Agreement. The parties were looking for a distinction between
mandatory overtime and regular overtime. Double time is not the high end of work time
benefits…contract pays triple time for holiday work. Brown – thanked Lavine for clarifying.
Brock – similar arrangement for DPW employees? Lavine – yes, not the exact same
thing – call-in pay with additional pay. Brown – knows that many agencies have mandatory overtime with time and a half – the discomfort comes with double time.
Joly – understaffed – 7 vacant positions – this isnt’ to pad anyone’s paycheck – it is t A vote on the Resolution resulted as follows:
8-2 DeFendini, Brown
Carried
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5.5 Approval and Authorization to Execute Joint Ithaca-Tompkins Specialized Response Team Mutual Aid Assistance and Intermunicipal Agreement
By Alderperson Cantelmo: Seconded by Alderperson McGonigal
WHEREAS, the City of Ithaca Police Department (“IPD”) and the Tompkins County Sheriff’s Office (“Sheriff’s Office”) have a long-standing cooperative relationship under which they provide mutual aid and assistance to one another including, without limitation, maintaining a joint specialized response team made up of officers of IPD and
the Sheriff’s Office; and
WHEREAS, the agreement formalizing the operation of the joint specialized response team, entered at the request of the New York State Department of Criminal Justice Services, is due for renewal; and
WHEREAS, entry into the attached Joint Ithaca-Tompkins Specialized Response Team Mutual Aid and Assistance Agreement (the “Intermunicipal Agreement”) and submission of same to the State may open opportunities for grant funding to support the joint law enforcement activities of IPD and the Sheriff’s Office; now therefore be it
RESOLVED, That the Acting Mayor is authorized to fully execute the Intermunicipal Agreement on behalf of the City.
Cantelmo – elaborate on grant opportunities – how would it reduce the burden on the
operating budget. Joly – codifying the liability…get from video – recognizes as a
certified tactical team…grant funding to continue to maintain that certification to
reimburse training costs, replacing protective equipment, build upon existing programs.
Lowering liability and becomes eligible to apply for these grants. Grants are valued
anywhere from $75,000 - $100,000.
DeFendini – Estimates of how often the SRT Team has been activated over the past
couple of years. Joly 2018 – 14 callouts; 2019 – 5 callouts – 16 assists with tools and
tactical equipment; 2020 – 9 callouts – 14 assists; 2021 – 11 callouts – 17 assists; 2022
– 2 callouts – 14 assists. 77% of activations were in the City.
Gearhart – thanks for providing the data. This is a 3-year agreement that renews in
2024. Can opt out of it if necessary. Tompkins County has already signed off on this
agreement.
Brock – adoption of the MOU has been requested by the NYS law enforcement
accreditation program – part of Executive Order 203. Joly – by committing to becoming
a certified team with New York State….IPD accreditation initiative.
A vote on the resolution resulted as follows:
8-2 DeFendini, Brown
Carried
5.6 Request to Increase Authorization of Cecil A Malone Dr. Bridge Replacement Project – CP 863 By Alderperson Cantelmo: Seconded by Alderperson Brown
WHEREAS, Sponsor will design, let and construct the "project", and
WHEREAS, a Project for the Cecil Malone Drive Bridge over Flood Relief Channel, P.I.N. 375589 ("the Project") is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the
ratio of 95% Federal funds and 5% non-Federal funds, and
WHEREAS, the City of Ithaca desires to advance the Project by committing 100% of the non-Federal share of Design, Right-of-Way Incidental, Right-of-Way Acquisition, Construction and Inspection, and
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WHEREAS, in November 2018, Common Council authorized $2,172,000 (95% Federal and 5% Local Share) of BRIDGE NY funding that was made available by the New York
State Department of Transportation for Project, and
WHEREAS, in January 2022, Common Council increased the project budget by $822,000, for a total authorization of $2,994,000 as a result of project scope change and construction items increase due to the COVID-19 pandemic, and
WHEREAS, three bids were received for the Project on March 24, 2022, and WHEREAS, Economy Paving Inc., 1819 NY-13, Cortland, NY, submitted the low bid for the Project in the amount of $2,779,299.70, and
WHEREAS, the Project budget is increased by $450,000 due to a higher low bid price than our Engineer's Estimate, and WHEREAS, the City of Ithaca is responsible for all costs of the Project which exceed
the amount of the BRIDGE NY funding awarded to the City of Ithaca, and
WHEREAS, the Department of Public Works has recommended to allocate an additional $405,000 in Consolidated Local Street and Highway Improvement Program (CHIPS) fund and $45,000 from the Water and Sewer fund to cover the budget shortfall,
and
WHEREAS, the amended project budget is projected to be $3,444,000; now, therefore, be it
RESOLVED, That Common Council hereby approves an increase of Capital Project
#863 by an amount not to exceed $450,000, for a total project authorization of $3,444,000, and, be it further RESOLVED, That funds needed for said $450,000 amendment shall be derived from
the following sources:
CHIPS - $405,000 and Water & Sewer Fund - $45,000 and, be it further
RESOLVED, That in the event of full federal and non-federal share cost of the Project exceeds the amount appropriated above, the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof, and, be it further
RESOLVED, That the Acting Mayor of the City of Ithaca be and is hereby authorized to execute all necessary agreements, and the Superintendent of Public Works is hereby authorized to execute all the necessary Certifications or reimbursement requests for Federal Aid and /or State-Aid on behalf of the City of Ithaca with the New York State
Department of Transportation in connection with the advancement or approval of the
Project and providing for the administration of the Project and the municipality's first instance funding of project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore
that are not so eligible, and, be it further
RESOLVED, That the Superintendent of Public Works hereby awards the construction contract for the Project to Economy Paving Inc., 1819 NY-13, Cortland, NY for its low bid of $2,779,299.70, contingent upon New York State Department of Transportation
approval, and be it further
RESOLVED, That a certified copy of this Resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and be it further
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RESOLVED, That this resolution shall take effect immediately.
Bridge Engineer Gebre explained..get from video. Received authorization to award the
bid today to …. Nguyen – was the CHIPS money allocated to any other projects that will have to be reduced or get from video
Carried Unanimously
Request to add an Item to the Agenda: By Alderperson Cantelmo: Seconded by Alderperson DeFendini
RESOLVED, That a new Item 5.7 - Memorandum of Understandings for Outside
Organizations Funded in 2022 Budget – be added to the agenda. Alderperson Cantelmo explained that this item had passed in the City Administration Committee but had been inadvertently left off of the Common Council agenda.
A vote on the Resolution resulted as follows: Carried Unanimously 5.7 Memorandum of Understandings for Outside Organizations Funded in 2022
Budget By Alderperson Cantelmo: Seconded by Alderperson Gearhart WHEREAS, Common Council included $50,000 each in Restricted Contingency, within the 2022 Authorized Budget, funding 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; and WHEREAS, Black Hands Universal and Unbroken Promises Initiative both provided
documentation to the Controller before 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 Unbroken Promises Initiative (“UPI”) shall be processed by the Common Council and
the funding of $50,000 per organization be released from restricted contingency, and be it further RESOLVED, That Common Council hereby transfer an amount not to exceed $100,000 from Account A1990 Restricted Contingency to Account A1012-5435 Community
Services Contracts for the purposes of funding said organizations at $50,000 each, and be it further RESOLVED, That 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.
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Alderperson Brown recused herself from the discussion and the vote as she serves on the Board of Black Hands Universal.
City Attorney Lavine explained that the Memorandums of Understanding are nearly complete. He is waiting for clarification on the list of services to be provided. …get from video. A vote on the Resolution resulted as follows:
Ayes (9) Brock, McGonigal, Nguyen, Gearhart, Barken, Mehler,
DeFendini, Cantelmo, Lewis Nays (0) Recusals (1) Brown Carried (9-0-1)
5.8 Approval of Release of Funds for Right to Counsel Program By Alderperson Cantelmo: Seconded by Alderperson DeFendini WHEREAS, as part of the 2022 Authorized Budget, Common Council placed $125,000
in Restricted Contingency for the Right to Counsel Program; now, therefore be it
RESOLVED, That Common Council hereby release an amount not to exceed $125,000 from Account A1990 Restricted Contingency and transfer said funds to Account A1210-5435 Mayor Contracts to provide funding to the Right to Counsel Program.
Mehler – thanks to Lewis for championing this through the budget process. Nguyen – what is the status of Law New York (?) – looking to hire additional staff.
A vote on the Resolution resulted as followed:
Carried Unanimously REPORT OF THE CITY CONTROLLER: City Controller Thayer reported on the following:
New York State budget – get from video $.16 reduction in NYS gas tax June 1st – December 2022 Sales tax –3.5 collected of 14. Million budget =21% increase
Parking revenues – collected 490,000 to date – still slow Green Street parking garage expected to be online in a couple of months – temporary opening for Cornell graduation
Building Permit revenues – $2 million budgeted $369,000 collected to date – early in the year Lots of issues in the City with staffing – retirements – hiring difficulties – impacts from the pandemic
CPI - 8% for 1st months – 40 year high for inflation. Increases in many of the city’s costs and project costs. Starting 2023 budget season soon – capital project requests will be sent out later this
week. Cantelmo – NYS budget reduced or eliminated the distressed provider…Thayer – minor impact to the City – is going away. Labor market pressures – elaborate on compensation study. Thayer study is in the works – market analysis – budgeted in
2022 – a vendor has been selected and work should start soon. It will take 4 months for
the study to be completed. Try to do this every few years. Brown – how is the city working with high school students – internships, etc. will talk to Schelley about this further. Thayer – Youth Employment Services is a great opportunity
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for the youth in the community to try out working in city offices. Lewis – TCAT ride fare waiver for youth 17 and under.
McGonigal – was at DPW the other day – Streets & Facilities is very understaffed right
now. The rural townships and the County are paying more than the city is. Lewis – next week’s COW meeting will be conducted via Zoom as will the June Common Council meeting.
Ribbon cuttings and proclamations: Arbor Day, Take Back the Night, Caregivers Proclamation will be read this Saturday. INDIVIDUAL MEMBER FILED RESOLUTIONS:
6.1 Stewart Avenue Bridge Project – Alderperson McGonigal By Alderperson McGonigal: Seconded by Alderperson Cantelmo WHEREAS, a project for the rehabilitation of the Stewart Avenue Bridge over Fall Creek, P.I.N. 375669(“the Project”) is eligible for funding under Title 23 U.S. Code as administered by the Federal Highway Administration (FHWA), as amended, that calls
for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non-Federal funds, and WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100% of the non-Federal share of the costs of Scoping, Preliminary Design, Detailed
Design, and Right-of-Way (ROW) Incidentals, and WHEREAS, this project constitutes a reconstruction of facility in-kind on the same site as well as maintenance or repair involving no substantial change in an existing facility, and is therefore a Type II action under the National Environmental Policy Act (NEPA)
Regulation and in accordance with 6 NYCRR Part 617 requiring no environmental review, and WHEREAS, on February 2, 2022, $110,000 (80% Federal/15% State/5% Local Share) project funding for the project made available by the New York State Department of
Transportation to cover the cost of participation in Scoping, Preliminary Design, Detailed Design, and Right-of-Way (ROW) Incidentals; now therefore, be it RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in the first instance 100% of the Federal and non-Federal share of the cost of Scoping,
Preliminary Design, Detailed Design, and Right-of-Way (ROW) Incidentals thereof, and be it further RESOLVED, That Common Council hereby authorizes the City of Ithaca to pay in the first instance 100% of the Federal and non-Federal share of the cost of Scoping,
Preliminary Design, Detailed Design, Right-of-Way (ROW) Incidentals thereof, and, be it further RESOLVED, that the sum of $110,000 is hereby appropriated from Capital Project #910 and made available to cover the cost of participation in the above phases of the project,
and it further RESOLVED, That in the event the full Federal and non-Federal share costs of the project exceeds the amount appropriated above, Common Council of the City of Ithaca
shall convene as soon as possible to appropriate said excess amount immediately upon
the notification by the NYSDOT thereof, and be it further RESOLVED, That funds needed for said project shall be derived from the issuance of Serial Bonds with the City’s estimated share of the project cost not to exceed 5% or
$5,500, and be it further
RESOLVED, That the Mayor of the City of Ithaca of the County of Tompkins be and is hereby authorized to sign all necessary Agreements with New York State Department of Transportation to secure Federal Aid and Marchiselli Aid on behalf of the City of Ithaca
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and the Superintendent of Public Works is authorized to sign all necessary construction documents, contracts, certifications, and reimbursement requests, and be it further
RESOLVED, That the Superintendent of Public Works be and is hereby authorized to
administer the above project, and be it further RESOLVED, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in
connection with the Project, and be it further
RESOLVED, That this Resolution shall take effect immediately. Bridge Engineer Gebre explained that Common Council has already approved this
project….adding the right-of-way information – get from video.
Mehler – thanks to everyone who worked on this project. A vote on the Resolution resulted as follows:
Carried Unanimously 7.1 COMMON COUNCIL APPOINTMENTS: Appointment to the Tompkins County Environmental Management Council This item was withdrawn from the agenda.
REPORT OF COUNCIL LIAISONS: Brock – sent an e-mail regarding the TCCOG meeting. Tompkins County would like to take over the responsibility of assigning addresses throughout the County and are asking the City to opt-in to this process through their on-line portal.
Regional challenges regarding emergency ambulance services. Bangs is covering a broader area and other ambulance services are starting to back-fill the demand in the City. There is concern that municipalities will be mandated to provide this service.
Brown – SSCC Board meeting. Invigorating to see all of the activity happening. Would
like to see a proclamation for Juneteenth. Theme is black men & their health. ICSD uses employees to assist with SS programming. REPORT OF THE CITY ATTORNEY:
Open Meetings Law – after June 8th there will be a new set of rules for meetings. Will be bringing legislation to the May City Administration Committee meeting for the City to opt-in to a hybrid meeting model. May need a Local Law so it will need to be laid on the table prior to the CA Committee meeting.
Litigation updates: - NYS Appellate Division 201 CTown litigation – City street permit system. The oral argument went well. Five member panel - How to revive the City’s Exterior Property Maintenance Ordinance – working through reviving that legislation. The enforcement of the ordinance is experiencing
challenges. - Oral arguments tomorrow - Cruise litigation alleging discrimination and retaliation.
ADJOURNMENT:
On a motion the meeting adjourned at 9:35 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Laura Lewis City Clerk Acting Mayor