HomeMy WebLinkAboutMN-CC-2022-06-01COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. June 1, 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 Fire Chief – Parsons Deputy Fire Chief – Cover
Director of Sustainability - Aguirre-Torres
Acting Director of Planning & Development – Nicholas GIAC Director – McBean-Clairborne Community Development Director – Bohn Community Development Planner – Mendizabal
Police Chief - Joly
Acting Mayor Lewis announced the start of Pride Month… ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Acting Mayor Lewis requested the addition of Item 5.4 B Resolution Authorizing the Use of Videoconferencing for Common Council and Its Committees. No Council member objected.
PROCLAMATIONS AND AWARDS:
Acting Mayor Lewis proclaimed the week of June 13-19, 2022, as the celebration of Juneteenth in the City of Ithaca. Leslyn McBean-Clairborne, GIAC Director, accepted the proclamation on behalf of the
community and the joint City-County Juneteenth Commemoration Committee.
Quarterly Employee Recognition Award Acting Mayor Lewis awarded the Quarterly Employee to Ever Stokes, Ithaca Youth Bureau. Ever was nominated by Deputy Youth Bureau Director Suki Tabor, for bringing
the Youth Ryde initiative to Ithaca….get from nomination form. City staff recognition for Memorial Day flag replacements in DeWitt Park – Steve Nann, Andrew Adams, Cory Jordan….get from video
REPORTS OF MUNICIPAL OFFICIALS: Rich DePaolo, Town of Ithaca reported on the following: Get from video
SPECIAL PRESENTATIONS BEFORE COUNCIL: Ithaca Green New Deal Presentation
Director of Sustainability Luis Aguirre-Torres presented the following information:
Get from video Q&A – Brock, Lewis, McGonigal, Barken,
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Electric Fire Apparatus Presentation
Fire Chief Tom Parsons presented the following information: Get from video Q & A with Council
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council regarding Reimagining Public Safety: Marty Hiller, City of Ithaca Karson Baldwin
Elizabeth Cobb
David West Nicholas Daniluk Zach Winn Karen Friedeborn
Adil Griguihi
Jordan Clemons
PRIVILEGE OF THE FLOOR – MAYOR AND COUNCIL
Nguyen – apologies for not bringing the proposed legislation forward sooner. Appreciates the concerns that were raised. Hoping that they can work on initiatives in parallel….get from video
McGonigal – good op-ed piece in the Ithaca Voice from Nguyen. Council is not delaying – 1st of 19 recommendations made by the Working Group. It is Common Council’s job to carefully consider these issues.
Brown – thanked the community for speaking out. Thanked Nguyen for pushing Council
and making them think outside of the box. This is very important work and thanked the community for their efforts on the City’s behalf.
Lewis – proposed legislation is a discussion only item for tonight’s meeting.
Mehler – Rental Housing renewal legislation went into effect yesterday. Thanks to
Cornell and the Lambrou’s for helping to share this information throughout the community.
Lewis – thanked the speakers and to everyone who submitted written comments.
Thanked Nguyen for keeping Council focused on 1 of the 19 recommendations of the Reimagining Public Safety Report.
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CONSENT AGENDA: CITY ADMINISTRATION COMMITTEE: 3.1 IPD - Amendment to Personnel Roster
By Alderperson Nguyen: Seconded by Alderperson Mehler WHEREAS, the Ithaca Police Department requested a review of the Office Assistant position assigned to the Investigations Division to determine whether the position is appropriately classified, and
WHEREAS, the Human Resources Department has reviewed the duties and responsibilities of the Office Assistant position and has determined that there has been a permanent and material growth in job responsibilities that merits a reclassification of the position to Administrative Assistant, and
WHEREAS, the Ithaca Civil Service Commission will review the proposed reclassification of the Office Assistant position to Administrative Assistant at their June 1, 2022, meeting; now, therefore, be it RESOLVED, That, subject to the approval of the Ithaca Civil Service Commission, the
Personnel Roster of the Ithaca Police Department be amended as follows: Add: One (1) Administrative Assistant (Grade 8) Delete: One (1) Office Assistant (Grade 5)
and be it further RESOLVED, That the funding for this change shall be derived from existing funds within the Ithaca Police Department’s budget. Carried Unanimously
3.2 Access Oversight Committee Budget Amendment By Alderperson Nguyen: Seconded by Alderperson Mehler WHEREAS, Section 15.12 of the Franchise Agreement of January 2003 between the City of Ithaca and the franchisee Time Warner Entertainment-Advance/Newhouse
Partnership (TWC) (“Franchise Agreement”), subsequently assigned to Charter Communications, Inc. d/b/a Spectrum Networks (Charter) after Charter's 2016 acquisition of TWC, requires the participating municipalities (City of Ithaca, Town of Ithaca, Village of Cayuga Heights) to provide the franchisee with an annual written budget for Public, Educational and Governmental access operations (PEG) by June 30
of each calendar year, and WHEREAS, Section 15.12 of the Franchise Agreement requires that PEG Access Staff provide the Access Oversight Committee (AOC) with budget recommendations for the following year by April 30, and
WHEREAS, the Franchise Agreement authorizes Charter Communications to collect $0.15 per subscriber per month to be used for the purchase of PEG equipment, and WHEREAS, the City of Ithaca's Ordinance #2003-17, Par 18-4-G, requires the Access
Oversight Committee (AOC) to provide the Participating Municipalities with a recommended budget for the following year by May 31, and WHEREAS, the AOC has reviewed PEG’s current equipment and anticipates that new
or replacement equipment might be needed, and
WHEREAS, the AOC recommends earmarking up to $1,000 to facilitate a new PEG website, pursuant to the attached budget, and
WHEREAS, the AOC recommends a $50,000 contingency to purchase equipment as
needed for the functioning of PEG operations, pending receipt and AOC approval of line-item estimates; now, therefore be it
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RESOLVED, That Common Council hereby accepts Access Oversight Committee recommended budget for Spectrum Tv’s 2022 annual budget for Public Educational and Governmental access operations.
Carried Unanimously PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 4.1 Draft 2022 Action Plan: City of Ithaca HUD Entitlement Program By Alderperson Lewis: Seconded by Alderperson Gearhart
WHEREAS, the City of Ithaca (City) is eligible to receive an annual formula allocation of
funds to address community development needs through the U.S. Department of Housing & Urban Development (HUD) Entitlement program from the Community Development Block Grant (CDBG) program and the HOME Investment Partnerships (HOME) program funding sources, and
WHEREAS, the City has contracted with the Ithaca Urban Renewal Agency (IURA) to administer, implement and monitor the City’s HUD Entitlement program in compliance with all applicable regulations, and
WHEREAS, on an annual basis an Action Plan must be submitted to HUD to access
HUD Entitlement program funding allocated to the City, and WHEREAS, the 2022 Action Plan identifies a specific list of budgeted community development activities to be funded from the 2022 HUD Entitlement program allocation
and associated funds administered by the IURA, and
WHEREAS, as of May 12, 2022, the U.S. Department of Housing and Urban Development (HUD) had not officially notified Entitlement Communities of 2022 CDBG or HOME allocations, and
WHEREAS, funding available to be allocated through the 2022 Action Plan funding process was anticipated to include the following: $668,000.00 CDBG 2022 allocation
$120,000.00 CDBG 2022 projected Program Income $ 601.96 CDBG recaptured/unallocated funds $330,000.00 HOME 2022 allocation $ 13,515.40 HOME recaptured/unallocated funds $1,132,117.36 Total, and
WHEREAS, on May 17, 2022, HUD notified the City of Ithaca of its 2022 HUD Entitlement Awards, as follows: $633,333.00 CDBG 2022 actual allocation $316,825.00 HOME 2022 actual allocation,
resulting in a revised total amount available of $1,084,275.36, and
WHEREAS, the IURA Recommended Action Plan includes contingencies to accommodate the possibility that actual HUD allocations may differ than the anticipated allocations, specifically:
Should the City’s 2022 HOME allocation be greater than anticipated, funding for the following recommended activities will be increased:
1. Homeowner Rehabilitation Project, Ithaca Neighborhood Housing Services (INHS); 2. Sears Street Development Project, Ithaca Neighborhood Housing Services (INHS).
Should the City’s 2022 HOME allocation be less than anticipated, funding for the following recommended activities will be decreased according to two priorities, in the following order:
1. Homeowner Rehabilitation Project, Ithaca Neighborhood Housing Services (INHS) —
Deduct up to $24,375.00; and any remaining HOME allocation decrease would be deducted from:
2. Sears Street Development Project, Ithaca Neighborhood Housing Services (INHS).
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Should the City’s 2022 CDBG allocation be greater than anticipated, funding for the following recommended activities will be increased:
1. Bus Stops & Shelters, Tompkins Consolidated Area Transit, Inc. (TCAT) — Funding for fully functional component(s); but not less than $10,000.00; 2. GIAC Computer Lab, Greater Ithaca Activities Center, Inc. (GIAC, Inc.) — Full funding for additional computer station (subject to Public Services cap); 3. Economic Development Loan Fund (ED-LF).
Should the City’s 2022 CDBG allocation be less than anticipated, funding for the following recommended activities will be decreased according to three priorities, in the following order:
1. Catholic Charities Building, Ithaca Neighborhood Housing Services, Inc. (INHS) –
Deduct 85% of the project funding decrease from this project;
2. Latino Multicultural Center, No Más Lágrimas — Deduct up to $1,400.00 of the project funding decrease from this project; 3. GIAC Computer Lab, Greater Ithaca Activities Center, Inc. (GIAC) — $1,896.00/station – Deduct any further project funding decrease from this project.
WHEREAS, the IURA used an open and competitive project selection process for development of the 2022 Action Plan in accordance with the City of Ithaca’s Citizen
Participation Plan, and WHEREAS, a Public Hearing on the draft Action Plan was held on May 18, 2022; now,
therefore, be it RESOLVED, That the Common Council hereby adopts City’s 2022 HUD Entitlement Annual Action Plan, including the attached summary table titled “IURA Recommended
Draft 2022 Action Plan, City of Ithaca, NY,” dated March 24th, 2022, and revised on May 18th, 2022, for allocation of the City’s 2022 HUD Entitlement Program award along with associated funds listed above, and be it further
RESOLVED, That the Urban Renewal Plan shall be amended to include activities
funded in the adopted 2022 Action Plan. http://www.cityofithaca.org/DocumentCenter/View/13890/Draft-2022-Action-Plan-PDF
Discussion followed on the floor regarding the Draft Action Plan relating to proposed measures to mitigate the cost burden of 56% of the people renting in the City. Anisa –
HUD data lags approximately 3 years….get from video….security deposits, not funding as many housing units,
Assessment of Fair Housing – working to those goals…using private funding.
Brock – appreciates all of the work and thought and care that goes into reviewing all of the applications for funding. Generally supports all of says on the record ”continues to
stand in opposition of the utilization of housing trust….get from video….that would allow the property owner to capture the investment in their property….will support Resolution, but would like her opposition to housing trust models recorded in the minutes.
Cantelmo – The plan notes the recent actions in PEDC about short-term rentals and accessory dwellings….how would this interact with Biden’s policy on land use
revision…Anisa – HUD has not directed entitlement communities in any way – controversial topic. The Action Plan discusses other topics …
Lewis – the IURA sub-committees really look at a number of projects….a great deal of service being provided….get from video.
Brown – thanked Anisa for sitting down with her and helping her to understand the IURA
and HUD funding in a more comprehensive manner. Low income people seeking to purchase affordable housing are sometimes denied loans due to the credit scores.
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Anisa – there is a lot of complexity and layers to HUD funding. Affordable home ownership was not funded in this Action Plan as it required further development. Funding restrictions are always a constraint….
A vote on the Resolution resulted as follows: Carried Unanimously
4.2 East Hill Fire Station Relocation - Authorize Transfer of Property and
Assignment of Option to IURA
By Alderperson Lewis: Seconded by Alderperson Gearhart
WHEREAS, the City of Ithaca Common Council (“Common Council”) desires to relocate
the East Hill Fire Station, also known as Fire Station #2, currently located at 309
College Avenue, and
WHEREAS, in connection with the relocation and to raise funds for the construction of
the new station, the City intends to sell the existing 309 College Avenue parcel, which
will be decommissioned as a fire station following the relocation, and
WHEREAS, the City issued Requests For Expressions of Interest (“RFEI”) regarding the
309 College Avenue site on July 12, 2018, and February 5, 2021, and
WHEREAS, the City received and reviewed responses submitted to the RFEIs, and
WHEREAS, 311 CA Associates, LLC (“Developer”) expressed interest through the RFEI
process in acquiring the existing 309 College Avenue site in exchange for cash
consideration and an alternative site for the East Hill Fire Station, and
WHEREAS, the City entered into an option agreement with Developer dated February
22, 2022 (“Option Agreement”) that permits, but does not require, the City to sell 309
College Avenue to Developer in exchange for two parcels located at 403 Elmwood
Avenue and 408 Dryden Road in addition to cash consideration of $5.1 million dollars to
be paid to the City on the terms contained within the Option Agreement, and
WHEREAS, Section 507 of General Municipal Law authorizes disposition of real
property without auction or sealed bid via an urban renewal process, and
WHEREAS, the Common Council requests the Ithaca Urban Renewal Agency (“IURA”)
review the terms of the proposed Option Agreement and structure a proposed
disposition agreement to relocate the East Hill Fire Station; now, therefore, be it
RESOLVED, That the Acting Mayor, subject to review by the City Attorney, is hereby
authorized to (1) transfer the 309 College Avenue site to IURA via a City/IURA option
agreement, (2) assign the Option Agreement to IURA, and (3) execute any other such
documents as may be necessary to enable IURA to undertake an urban renewal
procedure that authorizes a negotiated acquisition and sales agreement, and be it
further
RESOLVED, That the option with the Developer shall not be exercised by IURA on
behalf of the City, nor shall IURA authorize the transfer of the 309 College Avenue
parcel, without further approval of the Common Council, and be it further
RESOLVED, That IURA is authorized and requested to act on behalf of the City with
respect to negotiating and structuring the acquisition and sale processes contemplated
above, subject to final approval of the Common Council, and be it further
RESOLVED, That IURA shall be reimbursed for all reasonable costs incurred to
structure the proposed acquisition and sale agreement.
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Barken – recused himself from the discussion and vote to avoid an appearance of a
conflict of interest.
Mehler – thanks to everyone who provided information and feedback about the fire
station moving to a new location. Very excited to see the new potential of a fire station.
Thank you to Chief Parsons and Nels Bohn.
Brock – enabling an investigation and negotiation of this proposal against the others
proposals submitted. Bohn – IURA is charged with an Independent investigation of both
proposals that were submitted for the best interests of the community (get from video).
Brock – assurance of when city owned property is transferred to a developer that the
property remain on the City tax role and not become tax exempt. Bohn response –
IURA noted her concern….
Gearhart – IURA discussed this issue in depth and is taking this independent
investigation seriously.
Lewis – this discussion has been going on for the past 8 years…
Bohn – next step in a process that will be going on for the next few months. July 19th
meeting will be “deep dive” meeting….hope to bring back a recommendation by July
28th.
A vote on the Resolution resulted as follows:
9-0-1
Barken recused
4.3 Proposed Policy Regarding Encampments on City Property
By Alderperson Lewis: Seconded by Alderperson Mehler
WHEREAS, former Mayor Myrick requested Ithaca Urban Renewal Agency staff
develop a draft policy regarding encampments on city property for consideration by
Common Council, and
WHEREAS, an initial draft was developed and presented for input from the
Ithaca/Tompkins County Continuum of Care, community outreach workers, and the
TIDES working group, and
WHEREAS, several modifications have been incorporated into the final proposed policy,
and
WHEREAS, Common Council procedures allow for reports to be “accepted,”
“endorsed,” or “adopted”, now, therefore, be it
RESOLVED, that the Common Council for the City of Ithaca hereby accepts the
“Proposed Policy Regarding Encampments on City Property,” dated May 2022.
Lewis – there will be additional discussion at future PEDC meetings. Important to
reiterate that there is no interest in criminalizing homelessness, the statistics are
included in the report, Code Blue during cold weather months, vacancies in transitional
housing, managing encampments, approach that has been followed to date is harm
reduction model….
DeFendini – for new locations that will be established, what types of restrictions will be
put in place? What will population sizes look like? How will the city deal with people
who are more resistant to relocation? What was the standard that was used to
evaluate…? Lewis – still need to develop a policy – no camping on city property which
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has not been enforced…if there is an area identified for sanctioned encampments –
questions for how the City and County will collaborate on…. Will there be rules?
Bohn – The report is asking the City to consider what should be the policy to follow..the
city doesn’t provide encampment housing, doesn’t provide social services - the County
does…the report does not recommend that there be rules placed on the
encampments…emergency shelters – night to night safe shelter. What is the primary
role of the City in its management of its own property. Seasonal weather changes the
numbers of people utilizing the encampments….30-50 people during warm weather
months….get from video…codify priority of enforcement of policy – most sensitive areas
first…(harming adjacent properties, environmental impacts, impacts to city resources,
etc.)
McGonigal – this report is a remarkable piece of work – lays out the issues –
affordability and access to housing – prioritizing which camps will be allowed revolves
around proximity to residential neighborhoods. Nates Floral Estates is under siege –
thefts from houses, businesses, …safety within the encampments, especially for
women, serious problem – don’t want to criminalize people who are living outdoors,
move them to places that have less of an impact. Encourage cleaner camping – the
environmental conditions of that area are terrible. DPW is working on this issue now.
An education process to clean things up and live more safely within the encampments.
Brown – does City Code need to amended to make these changes? Bohn –
explanation. Any way that Council can get a map or pictures of city owned property and
where the encampments are. Lewis – there is a map that identifies city land, but not
necessarily where encampments are being established.
Brock – thinks its important for Council to consider that the report is an assessment of
where we are and how we got here. TIDES proposal…get from video – compassionate,
dignified housing, …questions whether everyone who stays down there are technically
unhoused – expensive grills, new tents, etc. are there…
A vote on the Resolution resulted as follows:
Carried Unanimously
Motion to Extend the Meeting
By Alderperson Cantelmo: Seconded by Alderperson Mehler
RESOLVED, That the meeting be extended to 11:00 pm.
Carried Unanimously
CITY ADMINISTRATION COMMITTEE:
5.1 Police Department – Approval of Lexipol Policy Services Contract
By Alderperson Cantelmo: Seconded by Alderperson Brock WHEREAS, the Ithaca Police Department has set department goals of updating the current General Orders, Policies, Procedures, and obtaining New York State Accreditation, and
WHEREAS, meeting these established goals will better align the department with the 6 pillars of Law Enforcement as identified in the Final Report of the President’s Task Force on 21st Century Policing: specifically in Building Trust and Legitimacy, and Policy and Oversight, and
WHEREAS, the Ithaca Police Department has further invested in this goal by establishing a Supervisory position filled by a Sergeant assigned to manage Policies, Procedures, and Accreditation, and
WHEREAS, the Ithaca Police Department intends to contract the services of Lexipol to do the following:
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1. Review, update, and replace the Policies and Procedures of the department with current, legally sound policies that are in compliance with state and federal guidelines, and aligned with the current best practices in Law
Enforcement,
2. Provide monthly scenario based quizzes that support and underscore Policy understanding,
3. Provide Full Policy Implementation, Daily Training Bulletins, Ongoing Policy
Updates, a Web-Based Delivery Platform and Mobile App, Reports, Supplemental Publication Services, and
WHEREAS, the total cost for these services in year one is $37,411, including a one-time $20,207 implementation cost with an annual renewal subscription cost of $17,204 for subsequent years, and
WHEREAS, the Ithaca Police Department is also seeking to subscribe to the Lexipol
PoliceOne Academy service, which would provide online training content that will be utilized at roll call trainings, and to develop individual officers knowledge base and skill sets in a broad range of topics including; addressing homeless populations, De-Escalation, Health and wellness, Community Policing, Police Leadership, Duty to
Interviene, Ethics, and numerous other topic areas for an additional subscription annual
fee of $4,949, and WHEREAS, upon implementation of the policies provided by Lexipol, the Ithaca Police Department’s policies will be aligned with the New York State Department of Criminal
Justice Services Accreditation requirements and will position the department to obtain
NY State Accreditation; now, therefore be it RESOLVED, That funds needed for said Lexipol contract in the amount not to exceed $42,359 be derived from existing funding within the current 2022 authorized Ithaca
Police Department budget, and, be it further
RESOLVED, That the Ithaca Police Department is requesting to reallocate existing funding in their budget to pay for this first year of service, and, be it further
RESOLVED, That Common Council hereby directs the City Controller to reallocate
existing Police Department funds as necessary to pay for said Lexipol Policy Service Contract, and, be it further RESOLVED, That the Acting Mayor, upon review of the City Attorney, is authorized to
fully execute the contract with Lexipol for Policy Services as outlined in the Lexipol
Solutions Proposal. Discussion followed on the floor with Acting Police Chief Joly explaining that IPD has made several attempts to update their policies, but has not always made progress. He
has restructured supervisory duties to allow for the updating of policies with the ultimate
goal of accreditation. There are many policies that need to be updated….Lexipol works with thousands of municipalities across the country and hundreds of policies in New York State (get from video). Each time an officer logs in they are alerted of policy
changes and sign off on the policies….provides support for grant writing….training
modules….crucial to have sound policies in place and training…. Cantelmo – IFD utilizes Lexipol and is very satisfied with the service. McGonigal – training modules include many topics that have been identified in the
Reimagining Process – supports.
Brock – supports – a priority of Council for many years – achieving accreditation and training. Staffing shortages have prevented progress in this goal. Often questioned about whether an officer violated policy…dissatisfaction when no policies exist…
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Nguyen – how many hours might this free up for the Sgt assigned to this role. Joly – full-time job for this Sgt. to manage, update, communicate policies and coordinate the training aspect of these policies.
Brown – concerned – going outside to teach our officers policy and procedure – how
does this fit in with Reimagining Public Safety….Joly – paying for this company to provide the policies, and to update them with Federal and State amendments to policies. All policies would be available to the public on the department’s website so it improves transparency – the department would be training internally.
Brock – what is timeline for achieving accreditation? Joly – policy updates in 6-9
months…accreditation– 120 points that have to be met – some require physical changes to the building infrastructure. Lewis – IFD uses Lexipol – helpful that both agencies are using the same provider.
Meets some of the recommendations made by the RPS Working Group. Carried Unanimously
5.2 PBZ&ED - Approval of Final BlocPower Electrification Contract By Alderperson Cantelmo: Seconded by Alderperson Nguyen WHEREAS, on November 3, 2021, the Common Council passed Resolution 5.5, A
Resolution to Authorize Mayor Svante Myrick to Designate a Program Manager for the City of Ithaca’s Energy Efficiency Retrofitting and Thermal Load Electrification Program, which approved the designation of the consortium led by Blocpower and including Taitem Engineering, Alturus, Guidehouse and Energetic Insurance, as Program
Manager for the City’s Energy Efficiency Retrofitting and Thermal Load Electrification
Program, and WHEREAS, the City of Ithaca’s Director of Sustainability and the City Attorney have thereafter negotiated the attached agreement with Blocpower; now, therefore, be it
RESOLVED, That the Acting Mayor, on the advice of the City Attorney, is hereby authorized by the Common Council to sign the attached agreement with Blocpower designating Blocpower as Program Manager for the City’s Energy Efficiency Retrofitting and Thermal Load Electrification Program.
Carried Unanimously
5.3 Common Council - Adopt Report and Recommendation of the Redistricting Working Group By Alderperson Cantelmo: Seconded by Alderperson Mehler WHEREAS, every ten years, following the decennial federal census, the City of Ithaca
reapportions its Common Council by adopting new ward boundaries to be set forth in section 3 of the City Charter, and WHEREAS, the City formed a Redistricting Working Group composed of one member from each of the City’s five wards to develop new ward boundaries to be proposed to
Common Council for adoption, and WHEREAS, the Redistricting Working Group held biweekly meetings to examine the City’s population changes, consider the relevant statutory requirements, generate potential ward maps for discussion, and solicit input from the public and relevant
stakeholders regarding proposed ward boundaries, and WHEREAS, the Redistricting Working Group submitted its written report and unanimous recommendation for new ward boundaries to the Acting Mayor and Common Council on April 19, 2022, and delivered a presentation of the same at a meeting of the Common
Council held on May 4, 2022; now, therefore, be it RESOLVED, That Common Council ADOPTS the report and recommendation of the Redistricting Working Group in full, and be it further RESOLVED, That Common Council intends to implement the report and recommendation of the Redistricting Working Group following a public hearing and further discussion by Common Council.
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Mehler – thanks and gratitude to Hank Dullea and Working Group for all of their work and outreach to student bodies.
Lewis – echoed comments – the group did a great job in community outreach. Brock – expressed appreciate to group. Clarifications: staying with 5 Wards – no need for referendum. Are the County legislative districts the same? Lewis – increasing
County districts from 14 to 16 to have better alignment with the City Wards. Mehler –
Fall Creek is moving into the Town of Ithaca. Nguyen – Ward 2 stops at Meadow Street – the County District goes to Fulton Street…there may be more changes.
McGonigal – unfortunate that the large increase in population on Cascadilla Creek near the golf course is not realized yet…would have asked that it would have been in the First Ward and the northside wouldn’t have been as broken up.
Brock – that happened the last time too with Collegetown Terrace… Lewis – can’t count
projected population only current population. Lavine – assuming Council approves this – shout out to the City’s GIS Team for their great map work and for working on the meets and bounds description for the upcoming
Local Law.
A vote on the Resolution resulted as follows: Carried Unanimously
5.4 A A Local Law Authorizing the Use of Videoconferencing for Meetings of Public Bodies By Alderperson Cantelmo: Seconded by Alderperson Mehler
WHEREAS, Part WW of Chapter 56 of the Laws of 2022 amended the public officers law to permit the use of videoconferencing by public bodies under certain circumstances, and WHEREAS, the City has employed videoconferencing as authorized by executive order
and statute throughout the course of the COVID-19 pandemic, and found that videoconferencing has positively impacted public access and participation in public meetings, reduced burdens on City staff, and increased transparency in the important work of the City’s various public bodies, and
WHEREAS, the City desires to adopt videoconferencing procedures consistent with sections 103 and 103-a of the public officers law on behalf of all of its public bodies; now therefore, BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Local Law No. 2022 – Section 1. Legislative Findings, Intent, and Purpose
The Common Council makes the following findings: 1. Videoconferencing is a valuable tool that has the potential to increase public
engagement with City processes, reduce burdens on City staff, and provide
flexibility for members of public bodies in the event that extraordinary
circumstances or emergencies prevent in-person attendance at public meetings.
2. The City has employed videoconferencing throughout the COVID-19 pandemic
and developed the processes and expertise to implement its use on an ongoing
basis.
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3. The City and the public will benefit from the continued availability of
videoconferencing for future meetings of public bodies in accordance with the
procedures adopted in this Local Law.
Based upon the above findings, the intent and purpose of this Local Law is to authorize
all public bodies of the City to use videoconferencing for public meetings, and to promulgate a uniform set of written procedures governing videoconferencing that is consistent with sections 103 and 103-a of the public officers law.
Section 2. Videoconferencing and Remote Attendance for Local Public Bodies.
A. Each and every public body is authorized, but not required, to use
videoconferencing to conduct its business as permitted by sections 103 and 103-
a of the public officers law and pursuant to the requirements of this Local Law.
B. The following requirements and procedures shall apply whenever
videoconferencing is employed by a public body.
(1) At least the minimum number of members of the public body necessary to
constitute a quorum of the public body must be physically present at one
or more location(s) open to the public to attend in person.
(2) Each member of the public body must be physically present unless such
member is unable to be physically present due to extraordinary
circumstances, which shall include but not be limited to disability, illness,
caregiving responsibilities, or any other significant or unexpected factor or
event which precludes the member’s physical attendance at such meeting.
These extraordinary circumstances requirement shall be liberally
construed to the maximum extent permitted by law.
(3) The chair or other presiding officer of the public body shall determine
whether extraordinary circumstances are present, except that any member
of the public body disagreeing with the determination of the chair or
presiding offer may move for a vote to override the determination of the
chair or presiding officer. The determination shall be overridden upon the
affirmative vote of a majority of the members of the public body in
attendance. The member seeking to attend remotely due to extraordinary
circumstances shall not be entitled to move to override the determination
of the chair or presiding officer, or to vote if so moved.
(4) Except in the case of executive sessions, members of the public body
attending by videoconference shall be able to be heard, seen, and
identified while the meeting is being conducted, including but not limited to
any motions, proposals, resolutions, and any other matter formally
discussed or voted upon. A member attending by videoconference shall
be entitled to participate in the meeting, cast votes, and take any such
other action as if the member were physically present.
(5) The minutes of any meeting involving videoconferencing shall include
which, if any, members participated remotely and shall be made available
to the public pursuant to section one hundred six of the public officers law.
(6) If videoconferencing is used to conduct a meeting, the public notice for the
meeting shall inform the public that videoconferencing will be used, where
the public can view and/or participate in such meeting, where required
documents and records will be posted or available and identify the
physical location(s) for the meeting where the public can attend in person.
(7) Each meeting conducted using videoconferencing shall be recorded, and
such recordings shall be posted or linked on the public website of the
public body within five business days following the meeting. Such
recordings shall remain available for a minimum of five years and shall be
transcribed upon request.
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(8) The public body shall not be required to record or transcribe any executive
session portion of the meeting or any other portion of the meeting which
the public is not entitled to attend.
(9) If videoconferencing is used to conduct a meeting, the public body shall
provide the opportunity for members of the public to view such meeting via
video, and, where public comment or participation in the meeting is
authorized or required, to comment or participate via videoconference in
real time. Videoconferencing, where employed, shall afford the same
opportunity for public participation or testimony as in-person participation
or testimony.
(10) Staff members and any other participants in a meeting employing
videoconferencing may be permitted, at the sole discretion of the chair or
other presiding officer, to participate, comment, and/or testify by
videoconference or through such other remote means as enable the
participant to be contemporaneously heard during the meeting. This
subsection shall not apply to members of the public body or members of
the public engaging in public comment or participation governed by other
provisions of this Local Law.
(11) The public body shall be authorized, but not required, to adopt additional
written procedures governing member and public attendance consistent
with this Local Law. This Local Law and such additional written
procedures, if any, as may be adopted by the public body shall constitute
the written procedures of the public body for the purposes of section 103-
a(2)(b) of the public officers law and shall be conspicuously posted on the
public website of the public body.
(12) Any public body employing videoconferencing must maintain an official
website.
(13) Videoconferencing and broadcast of meetings shall utilize technology to
permit access by members of the public with disabilities consistent with
the 1990 Americans with Disabilities Act (ADA), as amended, and
corresponding guidelines. For purposes of this Local Law, “disability” shall
have the meaning defined in section two hundred ninety-two of the
executive law.
C. Notwithstanding the foregoing, the in-person participation requirements of
subdivision B of this Local Law shall not apply during a state disaster emergency
declared by the governor pursuant to section twenty-eight of the executive law, or
a local state of emergency proclaimed by the Mayor or the chief executive of
Tompkins County, if the public body determines that the circumstances
necessitating the emergency declaration would affect or impair the ability of the
public body to hold an in-person meeting. In the event of such a determination,
no physical location need be noticed or made available to the public for in-person
attendance, and all members and non-members may participate remotely.
Section 3. Severability Clause. Severability is intended throughout and within the provisions of this Local Law. If any section, subsection, sentence, clause, phrase, or portion of this Local Law is held to be
invalid or unconstitutional by a court of competent jurisdiction, then that decision shall
not affect the validity of the remaining portions of this Local Law. Section 4. Effective and Operative Date.
This Local Law shall be effective immediately after filing in the office of the Secretary of
State.
Discussion about video requirements for members of the public (Brock). Brown – will this also effect the PEDC? Lewis – yes, all city boards and committees will be impacted by this. Lavine – review of amendments to Open Meetings Law.
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14
Gearhart – situations that don’t qualify as extraordinary circumstances…can they still attend as a member of the public. Can they participate in discussions? No votes would be allowed.
Barken – members of the public participating – Lavine – they can participate either in
person or remotely. Lewis – minimal capacity for in -person audiences due to maintaining appropriate social distancing.
Motion to Call the Question – Cantelmo 2nd Lewis
9-1 Brock
A roll call vote on the Local Law resulted as follows:
Alderperson Brock – Aye Alderperson McGonigal – Absent from vote Alderperson Nguyen – Aye Alderperson Brown – Aye Alderperson Gearhart – Aye Alderperson Barken – Aye Alderperson Mehler – Aye Alderperson DeFendini – Aye Alderperson Cantelmo – Aye Alderperson Lewis – Aye Carried 9-0 5.4 B Resolution Authorizing the Use of Videoconferencing for Common Council and Its Committees By Alderperson Cantelmo: Seconded by Alderperson DeFendini WHEREAS, Part WW of Chapter 56 of the Laws of 2022 amended the public officers law to permit the use of videoconferencing by public bodies under certain
circumstances, and WHEREAS, the City of Ithaca has employed videoconferencing as authorized by executive order and statute throughout the course of the COVID-19 pandemic, and found that videoconferencing has positively impacted public access and participation in
public meetings, reduced burdens on City staff, and increased transparency in the important work of the City’s various public bodies, and WHEREAS, the Common Council of the City of Ithaca desires to adopt videoconferencing procedures consistent with sections 103 and 103-a of the public
officers law for itself and its committees prior to the effective date of a Local Law that would implement videoconferencing on behalf of all of the City’s public bodies, now therefore, be it RESOLVED, That Common Council makes the following findings:
1.) Videoconferencing is a valuable tool that has the potential to increase public engagement with City processes, reduce burdens on City staff, and provide flexibility for members of public bodies in the event that extraordinary circumstances or emergencies prevent in-person attendance at public meetings.
2.) The City has employed videoconferencing throughout the COVID-19 pandemic and developed the processes and expertise to implement its use on an ongoing basis.
3.) The City and the public will benefit from the continued availability of videoconferencing for future meetings of public bodies in accordance with the procedures adopted in this resolution, and be it further RESOLVED, That the requirements and procedures attached as Appendix A to this
resolution shall apply whenever videoconferencing is employed by Common Council and its committees, and be it further RESOLVED, That Common Council finds that the circumstances necessitating the state disaster emergency declared by the Governor with respect to the ongoing COVID-19
crisis in Executive Orders 11 through 11.6, and any subsequent extension thereof, do
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15
affect or impair the ability of Common Council and its committees to hold in-person meetings and that fully remote meetings are therefore authorized for the duration of the state disaster emergency, and be it further,
RESOLVED, That this resolution shall be effective immediately upon passage. This Resolution affects Common Council and Standing Committees – not other public bodies covered by the Local Law.
Carried 9-0 Alderperson McGonigal absent from vote
APPENDIX A: VIDEOCONFERENCING PROCEDURES
A. Common Council and its committees (each hereinafter, a “public body”) are each
authorized, but not required, to use videoconferencing to conduct business as
permitted by sections 103 and 103-a of the public officers law and pursuant to
the requirements of this resolution.
B. The following requirements and procedures shall apply whenever
videoconferencing is employed by a public body:
(1) At least the minimum number of members of the public body necessary to
constitute a quorum of the public body must be physically present at one
or more location(s) open to the public to attend in person.
(2) Each member of the public body must be physically present unless such
member is unable to be physically present due to extraordinary
circumstances, which shall include but not be limited to disability, illness,
caregiving responsibilities, or any other significant or unexpected factor or
event which precludes the member’s physical attendance at such meeting.
This extraordinary circumstances requirement shall be liberally construed
to the maximum extent permitted by law.
(3) The chair or other presiding officer of the public body shall determine
whether extraordinary circumstances are present, except that any member
of the public body disagreeing with the determination of the chair or
presiding offer may move for a vote to override the determination of the
chair or presiding officer. The determination shall be overridden upon the
affirmative vote of a majority of the members of the public body in
attendance. The member seeking to attend remotely due to extraordinary
circumstances shall not be entitled to move to override the determination
of the chair or presiding officer, or to vote if so moved.
(4) Except in the case of executive sessions, members of the public body
attending by videoconference shall be able to be heard, seen, and
identified while the meeting is being conducted, including but not limited to
any motions, proposals, resolutions, and any other matter formally
discussed or voted upon. A member attending by videoconference shall
be entitled to participate in the meeting, cast votes, and take any such
other action as if the member were physically present.
(5) The minutes of any meeting involving videoconferencing shall include
which, if any, members participated remotely and shall be made available
to the public pursuant to section one hundred six of the public officers law.
(6) If videoconferencing is used to conduct a meeting, the public notice for the
meeting shall inform the public that videoconferencing will be used, where
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16
the public can view and/or participate in such meeting, where required
documents and records will be posted or available, and identify the
physical location(s) for the meeting where the public can attend in person.
(7) Each meeting conducted using videoconferencing shall be recorded, and
such recordings shall be posted or linked on the public website of the
public body within five business days following the meeting. Such
recordings shall remain available for a minimum of five years, and shall be
transcribed upon request.
(8) The public body shall not be required to record or transcribe any executive
session portion of the meeting or any other portion of the meeting which
the public is not entitled to attend.
(9) If videoconferencing is used to conduct a meeting, the public body shall
provide the opportunity for members of the public to view such meeting via
video, and, where public comment or participation in the meeting is
authorized or required, to comment or participate via videoconference in
real time. Videoconferencing, where employed, shall afford the same
opportunity for public participation or testimony as in-person participation
or testimony.
(10) Staff members and any other participants in a meeting employing
videoconferencing may be permitted, at the sole discretion of the chair or
other presiding officer, to participate, comment, and/or testify by
videoconference or through such other remote means as enable the
participant to be contemporaneously heard during the meeting. This
subsection shall not apply to members of the public body or members of
the public engaging in public comment or participation governed by other
provisions of this resolution.
(11) The public body shall be authorized, but not required, to adopt
additional written procedures governing member and public attendance
consistent with this resolution. This resolution and such additional written
procedures, if any, as may be adopted by the public body shall constitute
the written procedures of the public body for the purposes of section 103-
a(2)(b) of the public officers law, and shall be conspicuously posted on the
public website of the public body.
(12) Any public body employing videoconferencing must maintain an
official website.
(13) Videoconferencing and broadcast of meetings shall utilize
technology to permit access by members of the public with disabilities
consistent with the 1990 Americans with Disabilities Act (ADA), as
amended, and corresponding guidelines. For purposes of this resolution,
“disability” shall have the meaning defined in section two hundred ninety-
two of the executive law.
C. Notwithstanding the foregoing, the in-person participation requirements of
subdivision B of this resolution shall not apply during a state disaster emergency
declared by the governor pursuant to section twenty-eight of the executive law, or
a local state of emergency proclaimed by the Mayor or the chief executive of
Tompkins County, if the public body determines that the circumstances
necessitating the emergency declaration would affect or impair the ability of the
public body to hold an in-person meeting. In the event of such a determination,
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17
no physical location need be noticed or made available to the public for in-person
attendance, and all members and non-members may participate remotely.
5.5 PIT – Request to Increase Funding for Capital Project #906 for Enterprise-Wide Permitting Software By Alderperson Cantelmo: Seconded by Alderperson Nguyen WHEREAS, the Department of Public Information & Technology submitted a capital project proposal which was approved as part of the 2022 City of Ithaca Budget in the amount of $100,000 to purchase OpenGov software for the purpose of enterprise-wide
permitting; and WHEREAS, several software demonstrations have been conducted over the past year which included staff from the Department of Planning, Building and Economic Development, Ithaca Fire Department, Ithaca Police Department, Department of Public
Works (Engineering, Streets & Facilities, Water & Sewer), and the Department of Public Information Technology; and WHEREAS, each of the aforementioned departments have identified multiple permitting processes that they believe would become more efficient, collaborative, and transparent
through the use of OpenGov Software; and WHEREAS, OpenGov software is web-based and allows information to be shared across departments in the office or in the field through a robust mobile device platform, and it also integrates with existing city software programs such as Laserfiche for
document management, and MUNIS for financial processing and WHEREAS, the Town of Ithaca is in the process of deploying their OpenGov permitting processes which will allow a new level of access and flexibility for town and city staff, businesses, and members of the public who conduct business with both municipalities,
and WHEREAS, the capital project cost submitted in May of 2021 was an approximation of what staff thought the product costs would be without an official quote from the company because the funding requests were due before the project could be
completely scoped, and WHEREAS, the official quote for the purchase of the software, the development of automated processes, and other professional services exceeds the projected capital project cost by $63,525, and the annual subscription costs exceed projected costs by
$42,000; now, therefore be it RESOLVED, That Capital Project #906 be amended by an amount not to exceed $63,525 for a total project authorization of $163,525 for the procurement of OpenGov Software and related services through a cooperative purchasing agreement, and be it
further RESOLVED, That funds necessary for said software project amendment be allocated from existing American Rescue Plan Act (ARPA) funds. Carried 9-0 Alderperson McGonigal absent from vote 5.6 Police Department - Authorization of FY22 Implementing Crisis Intervention Teams - Community Policing Development Solicitation Application By Alderperson Cantelmo: Seconded by Alderperson DeFendini
WHEREAS, in 2021 the City of Ithaca Common Council resolved to evaluate existing models and implement an alternative law enforcement response system for crisis intervention and wraparound health and human service delivery, and WHEREAS, the U.S. Department of Justice Community Oriented Policing Services
(COPS) grant program makes federal funds available to advance work that promotes
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civil rights and racial equity, increases access to justice, supports crime victims and individuals impacted by the justice system, strengthens community safety and protects the public from crime and evolving threats, and build trust between law enforcement and
the community, and
WHEREAS, the goal of FY22 Implementing Crisis Intervention Teams solicitation is to provide funding to support the implementation of crisis intervention teams, including embedding behavioral or mental health professionals with law enforcement agencies,
training for law enforcement officers and embedded behavioral or mental health
professionals in crisis intervention response, or a combination of these, and WHEREAS, the Common Council of the City of Ithaca recommits itself to implement an alternative response crisis intervention model to address concerns; now, therefore, be it
RESOLVED, That the Acting Mayor of the City of Ithaca, is hereby authorized and directed to submit an application in accordance with the provisions of the Department of Justice FY22 Implementing Crisis Intervention Teams - Community Policing Development Solicitation O-COPS-2022-171166, in an amount not to exceed $350,000,
and upon approval of said request to enter into an execute a project assessment for
such financial assistance to the City of Ithaca for recruitment, training, and associated costs for the establishment of Crisis Intervention Teams, 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 that the Chief of Police is hereby authorized to
execute all certifications and reimbursement requests for 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, be it further
RESOLVED, That this resolution shall take effect immediately.
Cantelmo – explanation – get from video – funding is not allowed for uniformed officers. Joly – appreciates Cantelmo finding this and bringing it forward and fully supports this initiative.
Brown – fully supports – thanks for finding this – aligns with RPS initiative. Would this funding be for the unarmed officers proposed as part of the RPS initiative or for other groups already doing this work in the community? Cantelmo – funding would require City to hire people to staff the crisis intervention teams – training could be more flexible.
DeFendini – supports – this is reimagining public safety….get from video Mehler – any idea of the chances of being funded? Cantelmo – given that the City has developed a RPS plan – it is a contributing factor towards the readiness of the project.
Should be pretty competitive. Funding would be for two years.
A vote on the Resolution resulted as follows: Carried Unanimously
5.7 DPW - Emergency Repair Authorization for IPD HVAC System Alderperson Cantelmo: Seconded by Alderperson DeFendini WHEREAS, the HVAC system at the IPD building recently failed and is in need of immediate repair to provide air conditioning as we approach summer, and limitations on
temporary air conditioning units prevent adequate cooling for the entire building, and
WHEREAS, the estimated cost of repairs is $100,000 which normally requires the City to seek competitive bids unless there is an emergency situation, and
WHEREAS, a competitive bid process will extend the repair time from 5 weeks to 8 or 9
weeks, bringing the completion date to early August and increasing the cost of temporary air conditioning unit rentals; now, therefore, be it
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RESOLVED, That Common Council agrees that the loss of air conditioning capability at the Ithaca Police Station at the start of summer constitutes an emergency, and, be it further
RESOLVED, That Common Council agrees to waive the competitive bid requirement for this particular project in order to make timely repairs, and that funds for this project be obtained from Capital Project 836 which was established for emergency repairs at City facilities.
Carried Unanimously 5.8 Common Council - Request to Release Restricted Contingency Funding for Community Justice Center By Alderperson Cantelmo: Seconded by Alderperson Nguyen
WHEREAS, as part of the authorized 2022 City Budget, $307,666 was included in the
Restricted Contingency account for the City Share of the Community Justice Center, a jointly funded City/County collaborative to implement the Reimagining Public Safety plans; and
WHEREAS, the County is putting together the Community Justice staffing and program
funding for 2022, including a Project Director, Data Analyst and Administrative Assistant and related fringe benefits and other program expenses at annual estimated cost of $276,906; and
WHEREAS, the City already funded $124,430, which was transferred from Unrestricted
Contingency in 2021 and encumbered to 2022 for the Community Justice Center City share of funding, but this amount did not include funding for a shared Administrative Assistant position; and
WHEREAS, the estimated additional City share funding needed for 2022 is $14,023 for
the Administrative Assistant position; now, therefore be it RESOLVED, That Common Council hereby release an amount not to exceed $14,023 from account A1990 Restricted Contingency and transfer it to account A3020-5435
Community Justice Center Contracts for the purposes of funding the City share of an Administrative Assistant position for the City/County jointly funded Community Justice Center. Carried Unanimously
5.9 A Resolution Authorizing the Issuance of $400,000 Bonds of the City of Ithaca, Tompkins County, New York, to Pay Certain New City Costs of the Cass Park Ice Rink, In and For Said City By Alderperson Cantelmo: Seconded by Alderperson DeFendini WHEREAS, the capital project hereinafter described, as proposed, has been
determined to be a Type II Action pursuant to the regulations of the New York State
Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse effect on the environment; and
WHEREAS, it is now desired to authorize bonds for the financing thereof, NOW,
THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as
follows:
Section 1. For the specific object or purpose of paying certain new City costs of the Cass Park Ice Rink, including the enclosure, heating, ventilating, and air conditioning system, bleachers, and fire suspension, in and for the City of Ithaca, Tompkins County,
New York, including incidental expenses in connection therewith, there are hereby
authorized to be issued $400,000 bonds pursuant to the provisions of the Local Finance Law.
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Section 2. It is hereby determined that the maximum estimated of the aforesaid specific object or purpose is hereby determined to be $400,000, which specific object or
purpose is hereby authorized at said maximum estimated cost, and the plan for the
financing thereof is by the issuance of the $400,000 bonds of said City authorized to be issued pursuant to this bond resolution. Section 3. It is hereby further determined that the period of probable usefulness of
the aforesaid specific object or purpose is fifteen years, pursuant to subdivision 19(c) of paragraph (a) of Section 11.00 of the Local Finance Law. Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such
obligations as the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such
terms, form and contents, and shall be sold in such manner, as may be prescribed by
said City Controller, consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall
advertise such bonds for sale, conduct the sale, and award the bonds in such manner
as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the City Controller shall be a full acquittance to the
purchaser of such bonds, who shall not be obliged to see to the application of the
purchase money. Section 7. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or
declining debt service and all matters related thereto, prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of the City Controller,
providing for the manual countersignature of a fiscal agent or of a designated official of
the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial
bonds any charges for mailing, shipping and insuring bonds transferred or exchanged
by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section
52.00 of the Local Finance Law and shall otherwise be in such form and contain such
recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 8. The validity of such bonds and bond anticipation notes may be contested
only if:
1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with,
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and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis,
or otherwise set aside with respect to the permanent funding of the object or purpose
described herein. Section 10. This resolution, which takes effect immediately, shall be published in full or summary form in the Ithaca Journal, the official newspaper, together with a notice of
the City Clerk in substantially the form provided in Section 81.00 of the Local Finance
Law.
A roll call vote resulted as follows:
Alderperson Brock – Aye Alderperson McGonigal – Aye Alderperson Nguyen – Aye Alderperson Brown – Aye Alderperson Gearhart – Aye Alderperson Barken – Aye Alderperson Mehler – Aye Alderperson DeFendini – Aye Alderperson Cantelmo – Aye Alderperson Lewis – Aye Carried Unanimously 5.10 A Resolution Authorizing the Issuance of an Additional $1,850,000 Bonds of the City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of the Reconstruction of College Avenue, In and For Said City By Alderperson Cantelmo: Seconded by Alderperson Mehler WHEREAS, by a bond resolution heretofore adopted on January 8, 2020, the Common
Council of the City of Ithaca, Tompkins County, New York, authorized the issuance of $1,000,000 bonds of said City to pay the cost of the reconstruction of College Avenue from Mitchell Street to Dryden Road to place electric facilities underground, including full depth reconstruction, curbs, storm drains, sidewalks, light system, signs, telecommunication system, and pavement markings, in and for said City; and
WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which it has been determined will not have a
significant adverse impact on the environment; and WHEREAS, it is now desired to authorize $1,850,000 additional bonds for the financing thereof; NOW, THEREFORE, BE IT
RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows:
Section 1. For the specific object or purpose of paying part of the cost of the
reconstruction of College Avenue from Mitchell Street to Dryden Road to place electric facilities underground, including full depth reconstruction, curbs, storm drains, sidewalks, light system, signs, telecommunication system, and pavement markings, in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to
be issued an additional $1,850,000 bonds pursuant to the provisions of the Local
Finance Law. Said specific object or purpose is hereby authorized at the new maximum estimated cost of $2,850,000. Section 2. The plan for the financing of such $2,850,000 maximum estimated cost is
as follows:
a) By the issuance of the $1,000,000 bonds of said City heretofore authorized to be issued therefor pursuant to a bond resolution dated January 8, 2020; and
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b) By the issuance of the additional $1,850,000 bonds of said City herein authorized for said specific object or purpose.
Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 15 years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law, computed from the date of issuance of the first obligations issued therefore.
Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be
levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and
sale of the bonds herein authorized, including renewals of such notes, is hereby
delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law.
Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the
Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the City Controller shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money.
Section 7. All other matters, except as provided herein relating to such bonds,
including determining whether to issue such bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said
bonds, providing for the printing and delivery of said bonds (and if said bonds are to be
executed in the name of the City by the facsimile signature of the City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be
determined by the City Controller. It is hereby determined that it is to the financial
advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such
bonds shall contain substantially the recital of validity clause provided for in section
52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine.
Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of
this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution.
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Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no
monies are, or are reasonably expected to be, reserved, allocated on a long-term basis,
or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. This resolution, which takes effect immediately, shall be published in full or
summary form in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.
A roll call vote resulted as follows:
Alderperson Brock – Aye Alderperson McGonigal – Aye
Alderperson Nguyen – Aye Alderperson Brown – Aye Alderperson Gearhart – Aye Alderperson Barken – Aye Alderperson Mehler – Aye Alderperson DeFendini – Aye
Alderperson Cantelmo – Aye Alderperson Lewis – Aye Carried Unanimously 5.11 A Resolution Authorizing the Issuance of an Additional $100,000 Bonds of the City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of the Planning and Design for the East State Street-Martin Luther King Jr. Street Improvements, In and For Said City
By Alderperson Cantelmo: Seconded by Alderperson DeFendini
WHEREAS, by a bond resolution heretofore adopted on January 6, 2021, the Common
Council of the City of Ithaca, Tompkins County, New York, authorized the issuance of
$300,000 bonds of said City to pay the planning and design costs of the East State
Street-Martin Luther King Jr. Street improvements project, in and for said City; and
WHEREAS, the capital project hereinafter described, as proposed, has been
determined to be a Type II Action pursuant to the regulations of the New York State
Department of Environmental Conservation promulgated pursuant to the State
Environmental Quality Review Act, which it has been determined will not have a
significant adverse impact on the environment; and
WHEREAS, it is now desired to authorize $100,000 additional bonds for the financing
thereof; NOW, THEREFORE, BE IT
RESOLVED, by the affirmative vote of not less than two-thirds of the total voting
strength of the Common Council of the City of Ithaca, Tompkins County, New York, as
follows:
Section 1. For the specific object or purpose of paying additional planning and design
costs for the East State Street-Martin Luther King Jr. Street improvements project, in
and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to
be issued an additional $100,000 bonds pursuant to the provisions of the Local Finance
Law. Said specific object or purpose is hereby authorized at the new maximum
estimated cost of $400,000.
Section 2. The plan for the financing of such $400,000 maximum estimated cost is as
follows:
a) By the issuance of the $300,000 bonds of said City heretofore authorized to be
issued therefor pursuant to a bond resolution dated January 6, 2021; and
b) By the issuance of the additional $100,000 bonds of said City herein authorized
for said specific object or purpose.
Section 3. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is 5 years, pursuant to subdivision 62(2nd) of
June 1, 2022
24
paragraph a of Section 11.00 of the Local Finance Law, computed from the date of
issuance of the first obligations issued therefore.
Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York,
are hereby irrevocably pledged for the payment of the principal of and interest on such
obligations as the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the principal of and interest on
such obligations becoming due and payable in such year. There shall annually be
levied on all the taxable real property of said City, a tax sufficient to pay the principal of
and interest on such obligations as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize
the issuance of and to sell bond anticipation notes in anticipation of the issuance and
sale of the bonds herein authorized, including renewals of such notes, is hereby
delegated to the City Controller, the chief fiscal officer. Such notes shall be of such
terms, form and contents, and shall be sold in such manner, as may be prescribed by
said City Controller, consistent with the provisions of the Local Finance Law.
Section 6. The powers and duties of advertising such bonds for sale, conducting the
sale and awarding the bonds, are hereby delegated to the City Controller, who shall
advertise such bonds for sale, conduct the sale, and award the bonds in such manner
as he shall deem best for the interests of the City; provided, however, that in the
exercise of these delegated powers, he shall comply fully with the provisions of the
Local Finance Law and any order or rule of the State Comptroller applicable to the sale
of municipal bonds. The receipt of the City Controller shall be a full acquittance to the
purchaser of such bonds, who shall not be obliged to see to the application of the
purchase money.
Section 7. All other matters, except as provided herein relating to such bonds,
including determining whether to issue such bonds having substantially level or
declining debt service and all matters related thereto, prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the method for the
recording of ownership of said bonds, appointing the fiscal agent or agents for said
bonds, providing for the printing and delivery of said bonds (and if said bonds are to be
executed in the name of the City by the facsimile signature of the City Controller,
providing for the manual countersignature of a fiscal agent or of a designated official of
the City), the date, denominations, maturities and interest payment dates, place or
places of payment, and also including the consolidation with other issues, shall be
determined by the City Controller. It is hereby determined that it is to the financial
advantage of the City not to impose and collect from registered owners of such serial
bonds any charges for mailing, shipping and insuring bonds transferred or exchanged
by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the
Local Finance Law, no such charges shall be so collected by the fiscal agent. Such
bonds shall contain substantially the recital of validity clause provided for in section
52.00 of the Local Finance Law and shall otherwise be in such form and contain such
recitals in addition to those required by section 52.00 of the Local Finance Law, as the
City Controller shall determine.
Section 8. The validity of such bonds and bond anticipation notes may be contested
only if:
1) Such obligations are authorized for an object or purpose for which said City is not
authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of
this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty
days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
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25
Section 9. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no
monies are, or are reasonably expected to be, reserved, allocated on a long-term basis,
or otherwise set aside with respect to the permanent funding of the object or purpose
described herein.
Section 10. This resolution, which takes effect immediately, shall be published in full or
summary form in the Ithaca Journal, the official newspaper, together with a notice of
the City Clerk in substantially the form provided in Section 81.00 of the Local Finance
Law.
A roll call vote resulted as follows:
Alderperson Brock – Aye Alderperson McGonigal – Aye
Alderperson Nguyen – Aye Alderperson Brown – Aye Alderperson Gearhart – Aye Alderperson Barken – Aye Alderperson Mehler – Aye Alderperson DeFendini – Aye
Alderperson Cantelmo – Aye Alderperson Lewis – Aye Carried Unanimously
5.12 A Resolution Authorizing the Issuance of $110,000 Bonds of the City of Ithaca, Tompkins County, New York, to Pay the Cost of Planning and Design Costs for the Stewart Avenue Bridge Improvement over Fall Creek, In and For Said City By Alderperson Cantelmo: Seconded by Alderperson DeFendini
WHEREAS, the capital project hereinafter described, as proposed, has been
determined to be a Type II Action pursuant to the regulations of the New York State
Department of Environmental Conservation promulgated pursuant to the State
Environmental Quality Review Act, which regulations state that Type II Actions will not
have a significant adverse effect on the environment; and
WHEREAS, it is now desired to authorize bonds for the financing thereof, NOW,
THEREFORE, BE IT
RESOLVED, by the affirmative vote of not less than two-thirds of the total voting
strength of the Common Council of the City of Ithaca, Tompkins County, New York, as
follows:
Section 1. For the specific object or purpose of paying the cost of planning and
design costs for the Stewart Avenue Bridge improvement over Fall Creek, in and for the
City of Ithaca, Tompkins County, New York, including incidental expenses in connection
therewith, there are hereby authorized to be issued $110,000 bonds pursuant to the
provisions of the Local Finance Law.
Section 2. It is hereby determined that the maximum estimated of the aforesaid
specific object or purpose is hereby determined to be $110,000, which specific object or
purpose is hereby authorized at said maximum estimated cost, and the plan for the
financing thereof is by the issuance of the $110,000 bonds of said City authorized to be
issued pursuant to this bond resolution; provided, however, that to the extent that any
Federal or State grants-in-aid are received for such specific object or purpose, the
amount of bonds to be issued pursuant to this resolution shall be reduced dollar-for-
dollar.
Section 3. It is hereby further determined that the period of probable usefulness of
the aforesaid specific object or purpose is five years, pursuant to subdivision 62(2nd) of
paragraph (a) of Section 11.00 of the Local Finance Law.
Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York,
June 1, 2022
26
are hereby irrevocably pledged for the payment of the principal of and interest on such
obligations as the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the principal of and interest on
such obligations becoming due and payable in such year. There shall annually be
levied on all the taxable real property of said City, a tax sufficient to pay the principal of
and interest on such obligations as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize
the issuance of and to sell bond anticipation notes in anticipation of the issuance and
sale of the bonds herein authorized, including renewals of such notes, is hereby
delegated to the City Controller, the chief fiscal officer. Such notes shall be of such
terms, form and contents, and shall be sold in such manner, as may be prescribed by
said City Controller, consistent with the provisions of the Local Finance Law.
Section 6. The powers and duties of advertising such bonds for sale, conducting the
sale and awarding the bonds, are hereby delegated to the City Controller, who shall
advertise such bonds for sale, conduct the sale, and award the bonds in such manner
as he shall deem best for the interests of the City; provided, however, that in the
exercise of these delegated powers, he shall comply fully with the provisions of the
Local Finance Law and any order or rule of the State Comptroller applicable to the sale
of municipal bonds. The receipt of the City Controller shall be a full acquittance to the
purchaser of such bonds, who shall not be obliged to see to the application of the
purchase money.
Section 7. All other matters, except as provided herein relating to such bonds,
including determining whether to issue such bonds having substantially level or
declining debt service and all matters related thereto, prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the method for the
recording of ownership of said bonds, appointing the fiscal agent or agents for said
bonds, providing for the printing and delivery of said bonds (and if said bonds are to be
executed in the name of the City by the facsimile signature of the City Controller,
providing for the manual countersignature of a fiscal agent or of a designated official of
the City), the date, denominations, maturities and interest payment dates, place or
places of payment, and also including the consolidation with other issues, shall be
determined by the City Controller. It is hereby determined that it is to the financial
advantage of the City not to impose and collect from registered owners of such serial
bonds any charges for mailing, shipping and insuring bonds transferred or exchanged
by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the
Local Finance Law, no such charges shall be so collected by the fiscal agent. Such
bonds shall contain substantially the recital of validity clause provided for in section
52.00 of the Local Finance Law and shall otherwise be in such form and contain such
recitals in addition to those required by section 52.00 of the Local Finance Law, as the
City Controller shall determine.
Section 8. The validity of such bonds and bond anticipation notes may be contested
only if:
1) Such obligations are authorized for an object or purpose for which said City is not
authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of
this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty
days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 9. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no
monies are, or are reasonably expected to be, reserved, allocated on a long-term basis,
June 1, 2022
27
or otherwise set aside with respect to the permanent funding of the object or purpose
described herein.
Section 10. This resolution, which takes effect immediately, shall be published in full or
summary form in the Ithaca Journal, the official newspaper, together with a notice of
the City Clerk in substantially the form provided in Section 81.00 of the Local Finance
Law.
A roll call vote resulted as follows:
Alderperson Brock – Aye Alderperson McGonigal – Aye Alderperson Nguyen – Aye Alderperson Brown – Aye
Alderperson Gearhart – Aye Alderperson Barken – Aye Alderperson Mehler – Aye Alderperson DeFendini – Aye Alderperson Cantelmo – Aye Alderperson Lewis – Aye
Carried Unanimously REPORT OF THE CITY CONTROLLER:
City Controller Thayer reported on the following: 2022 Sales tax – 23% increase over 2021
Building Permit revenues – $2 million budgeted $ 1 million collected to date – early in the
year CPI - 8.1% for 1st 4 months of 2022 – 40 year high for inflation. Increases in many of the city’s costs and project costs.
Mortgage Tax – 544,000 collected – up 297,000 from 2021 Capital Project Requests are due – will start review process on July 1st
Budget guidelines will go out in a few weeks – review will begin August 1st INDIVIDUAL MEMBER FILED RESOLUTIONS: 6.1 A Local Law Entitled “Amendment of City Charter to Enable the Common Council to Create a Commissioner of Community Safety Position”
WHEREAS following the murder of George Floyd by Minneapolis police officer Derek Chauvin and citing “a long and painful history in New York State of discrimination and mistreatment of Black and African-American citizens,” then-New York Governor Andrew Cuomo issued Executive Order 203 calling upon local governments that operate police
agencies to study their current operations and develop a plan to address “the particular needs of the communities served by such police agency and promote community engagement to foster trust, fairness, and legitimacy, and to address any racial bias and disproportionate policing of communities of color”; and
WHEREAS, in conjunction with the formation of Working Groups of community members and leaders, the City and County consulted with the Tompkins County Sheriff, the City of Ithaca Police Chief, members of law enforcement, and employed an extensive effort to receive public comment from a broad range of community members by issuing calls for comments, question and answer sessions with community leaders,
surveys, interviews, and the use of focus groups to target specific segments of the populations such as the houseless, people of color, and those who have been involved within the criminal justice system, with the goal of obtaining as clear a view as possible of the current state of policing and the community perceptions of policing; and
WHEREAS the Common Council has determined that certain operations of the City’s government could efficiently be consolidated and overseen by a single department head rather than by multiple separate departments; now, therefore
June 1, 2022
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Local Law 2022- BE IT 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 Common Council of the City of Ithaca determines that it is in the interest of
the public welfare to consolidate public safety into a new Department of
Community Safety. The new public safety agency will include two units: one of unarmed first responders who will be tasked with responding to certain non-violent call types, and a unit whose members will qualify in all respects under New York State law as police officers and led by someone who shall qualify in all
respects under New York State law as a Chief of Police.
2. The title of the leader of the Department of Community Safety shall be “Commissioner of Community Safety”. The Commissioner of Community Safety position shall be filled by a civilian leader, who brings a background in racial justice, social work, public health, public or business administration, and
demonstrates in-depth knowledge of the intersections of race, public health, and
public safety. 3. The two units of first responders within the Department of Community Safety shall be titled the Division of Police (staffed by police officers) and the Division of Community Solutions (staffed by civilian first responders). The Commissioner of
Community Safety shall oversee both divisions.
4. Reporting to the Commissioner of Community Safety, the head of the Division of Police shall be called the Director of Police or the Police Chief. This division will consist of all existing staff of the current Ithaca Police Department (IPD). Reporting to the Commissioner of Community Safety, the head of the Division of
Community Solutions shall be called the Director of Community Solutions. This
division shall consist of unarmed civilian first responders. Based upon the above findings, the intent and purpose of this Local Law is to create the position of an appointed Commissioner of Community Safety that will report directly to
the Mayor or City Manager.
Section 2. Charter Amendments This Section 2 amends only the following provisions of the City of Ithaca Charter, with the remainder of the provisions unchanged.
a) The text of Section C-5 (C) 4(a) of the Ithaca City Charter, titled “Elective and
appointive officers” is amended as follows: Officers who serve as the heads of their respective departments, and who
are appointed by the Mayor/City Manager with the approval of Common
Council: City Clerk, Controller, Director of Human Resources, Director of Planning and Development, Fire Chief, Greater Ithaca Activities Center Director, Police Chief, Superintendent of Public Works, Youth Bureau Director, Commissioner of Community Safety
b) The text of Section C-16 (C) in the Ithaca City Charter, titled “Community
Police Board” is amended as follows:
The Community Police Board shall act as community liaison to the Police
Department, actively fostering positive communication between police and all segments of the community. It shall make provisions for resolving complaints by the citizenry related to the delivery of police services. Using established procedures, the Board may recommend action against any member of the
Police Department. It shall recommend, on its own initiative or at the request
of the Mayor/City Manager, the Common Council, the Police Chief, or the Commissioner of Community Safety, on any matter affecting the policy or performance of the Police Department, including finances and budget. It shall perform such other related duties as requested by the Mayor/City Manager or
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Common Council c) The text of Section C-18 in the Ithaca City Charter, titled “(Reserved)” is
amended as follows:
§ C-18 Commissioner of Public Safety A. There shall be a Department of Community Safety, the head of which shall
be the Commissioner of Community Safety.
B. The Commissioner of Community Safety shall: (1) Organize the work of the Department of Community Safety, consisting of the Division of Police and the Division of Community Solutions. (2) The Commissioner of Community Safety may assign and transfer
administrative functions, powers and duties within the Department of
Community Safety as the best interest of the City may appear, subject to the Charter, local law or ordinance. (3) To exercise such other responsibilities and perform such other duties as may be prescribed by the Charter, state or local law, or assigned by
the City Manager or Common Council.
d) The text of Section C-26.1 in the Ithaca City Charter, titled “Appointment of
officers.” is amended as follows: § C-26.1 Discipline and removal of selected officers
A. Application of this section.
… (3) The following City officers are subject to the discipline and removal procedures found in §§ 75 and 76 of New York Civil Service Law, as amended:
…
(g) Commissioner of Community Safety Section 3. Amendments to the City Code This Section 3 amends only the following provisions of the City of Ithaca Municipal
Code, with the remainder of the provisions unchanged. a) The text of City Code Section 6-1 “Enforcement of parking regulations” is
amended as follows:
§ 6-1 Enforcement of parking regulations.
Employees of the Police Department of the City of Ithaca who are not police officers and who are duly designated by the Chief of Police Commissioner of Community Safety as parking regulations enforcement officers shall be authorized to issue appearance tickets for violation of any provisions of Article
III of Chapter 346 of the Code of the City of Ithaca and for violation of any provisions of Article 32 of the Vehicle and Traffic Law of the State of New York. b) The text of City Code Section 114-8 “Rangers” is amended as follows:
§ 114-8 Ranger(s). The position of Natural Area Ranger is hereby established to advise users of regulations governing the natural areas and to demonstrate the City's
intention to protect said areas and enforce the regulations. The Ranger(s)
shall be provided with adequate equipment to communicate readily with law enforcement agencies. The Ranger(s) shall work under the direction of the Chief of Police Commissioner of Community Safety and shall consult regularly with the Public Safety and Information Commission.
c) The text of City Code Section 132-4 “Conduct of parades and motorcades” is
amended as follows: § 132-4 Conduct of parades and motorcades.
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No person shall knowingly join or participate in any parade or motorcade conducted under permit from the Chief of Police Commissioner of Community Safety in violation of any of the terms of said permit nor knowingly join or
participate in any permitted parade or motorcade without the consent and
over the objection of the permittee nor in any manner interfere with its progress or orderly conduct. d) Etc. e) Etc.
Section 4. Severability clause. Severability is intended throughout and within the provisions of this Local Law. If any section, subsection, sentence, clause, phrase, or portion of this Local Law is held to be
invalid or unconstitutional by a court of competent jurisdiction, then that decision shall
not affect the validity of the remaining portions of this Local Law. Section 5. Effective date. This Local Law shall take effect on January 1, 2024, and after filing in the office of the
Secretary of State. This Local Law is subject to mandatory referendum pursuant to
Municipal Home Rule Law Section 23. This item is discussion only. Nguyen explanation – and gauging interest in convening a meeting to discuss this issue further. Gearhart – clarify – meeting before July CC
meeting. Nguyen – yes in time to develop further and lay on the table for the July 6th meeting.
Lewis – served on RPS working group – has voiced her support for civilian oversight of the police department. Several initiatives are moving forward – Community Justice
Center, Crisis Intervention, Recruitment, LEAD initiative, Lexipol funding – transparent
policies and training availability, public facing Dashboard for police data. RPS has not stalled – there is one large recommendation being discussed tonight, but a number of items are being implemented. Is concerned about moving too quickly – need time to be thorough and deliberative in considering this recommendation.
Lavine – procedural time line for a local law:
- Provide precise instruction on what the Local Law should look like in the next two weeks (June 17th) - Staff could work to finalize the Local Law - Lay on the table (June 22nd ) - Consider on July 6th meeting
Brown – as a black woman who has seen inequity and injustice in the community – sits uncomfortably because they’ve been waiting for a very long time to feel valued and that change will be coming to give them peace of mind.
DeFendini – potential COW- want to hone in on civilian oversight of the new department – would like to have a robust discussion about it.
- Would like to also discuss having a Standing Committee of Public Safety
Lewis – can decide on an Ad-hoc meeting in the short term and then further discuss a future Standing Committee for public safety.
McGonigal – was on the RPS Working Group – supports almost all of the recommendations. Takes very seriously the work that was done to receive input from
people who don’t generally participate in government. This first recommendation is the most controversial. He is not convinced that this is the best structure moving forward – it is top heavy. About to also appoint a City Manager that would provide civilian oversight. Search for a new Police Chief. Salary for new Commissioner does not fit into the current compensation plan – would create compression with the positions
below. The money that could be used for a Commissioner’s salary could be used to fund more community solution officers. Myrick believes in this initiative so much that he’s hired at least 4 people to lobby for it. Two public speakers tonight were hired lobbyists….
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Table discussion and schedule a Special Common Council meeting to discuss this further. No Council member objected.
Lewis – personnel issues should be discussed in Executive Session.
Motion to Extend By Alderperson Cantelmo: Seconded by Alderperson DeFendini RESOLVED, That the meeting be extended 30 minutes to 11:30 pm. 8-2 Gearhart - Brown
7.1 MAYOR’S APPOINTMENTS: Appointment of Director of Planning and Development By Alderperson Lewis: Seconded by Alderperson Brock RESOLVED, That Lisa Nicholas be and hereby is appointed to the position of Director of Planning and Development, at the 2021 Management Compensation Plan salary of
$103,307, effective June 2, 2022.
Carried Unanimously Motion to Enter Into Executive Session to Discuss Pending Litigation By Alderperson Cantelmo: Seconded by Alderperson DeFendini - Check this RESOLVED, That Common Council enter into Executive Session to discuss pending litigation. Carried Unanimously Reconvene:
Common Council reconvened into Regular Session with no formal action taken.
Resolution Authorizing White Tort Settlement: By Alderperson Lewis: Seconded by Alderperson Mehler WHEREAS, the matter of Larry B. White and Rhonda White v. City of Ithaca, Index No. EF2019-0340 regards a 2018 bicycle crash in an active City work-zone, and
WHEREAS, plaintiffs seek in that litigation damages far in excess of the settlement herein authorized, the ongoing litigation of which would be of uncertain outcome for the City and would entail extensive and costly additional legal work, and
WHEREAS, following negotiations between the parties, the White’s have agreed to settle all disputes between the parties in exchange for a payment of $75,000; now, therefore, be it RESOLVED, That the Common Council hereby approves the payment of an amount not
to exceed $75,000 in settlement of the above-referenced litigation, and, be it further RESOLVED, That said payment shall be derived from account A1930-5700, and, be it further RESOLVED, That the Common Council hereby authorizes the Acting Mayor and the City Controller, on the advice of the City Attorney, to execute all documents and payments necessary to implement the settlement referenced herein. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 11:15 p.m.
______________________________ _______________________________ Julie Conley Holcomb, CMC Laura Lewis City Clerk Acting Mayor