HomeMy WebLinkAboutMN-CC-2022-07-06COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. July 6, 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
Deputy City Controller – Andrew
Human Resources Director – Michell-Nunn Chief of Staff – Vavra Transportation Engineer - Cuddihy
ADDITIONS TO OR DELETIONS FROM THE AGENDA: Alderperson Cantelmo requested the deletion of Items 4.10 Finance – Approval of 2020 City Single Audit and Item 4.11 - Report of the City Controller. He further noted that Item 4.4 would be substituted with Item 6.1 under Individual Member Filed Resolutions.
No Council member objected. REPORTS OF MUNICIPAL OFFICIALS: Veronica Pillar, Tompkins County Legislature reported on the following:
Get from video PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council on the following topics:
Zach Winn, City of Ithaca, Reimagining Public Safety Sheila Out, City of Ithaca, Reimagining Public Safety Ruth Yarrow, City of Ithaca, Reimagining Public Safety Stephanie Heslop, City of Ithaca, Starbucks Closure
Jamie Jett, City of Ithaca, Reimagining Public Safety
Veronica Pillar, City of Ithaca, Starbucks Closure Jane Glaubman, City of Ithaca, Starbucks Closure Nadia Vitek, City of Ithaca, Starbucks Closure Bek MacLean, City of Ithaca, Starbucks Closure
Colin Benedict, City of Ithaca, Reproductive Rights
Deepak Ilango, City of Ithaca, Starbucks Closure Evan S., City of Ithaca, Starbucks Closure Logan Morales, City of Ithaca, Starbucks Closure Ian Sloan, City of Ithaca, Starbucks Closure
PRIVILEGE OF THE FLOOR – MAYOR AND COUNCIL
Barken – read letter from Donna Fleming regarding Reimagining Public Safety
Believes Donna is right to raise these questions – Deputy Chief of Staff position – how do we heal? SSCC event – compromised bills are a measure of exhaustion of this issue
– not a triumph of imagination.
McGonigal – thanked Barken and Fleming for their comments. Responded to comments made by Mr. Winn – agree that swarming people’s cars and going to elected officials
houses and threatening their partners is bullying. Yasmine Rashid – has his full
confidence – calling people out by name is also bullying – get from video.
Brock – supports Yasmine Rashid – does not feel that involvement in the working group was anyway compromised….small community…lends their voice while working within
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their organization – as long as it is done with transparency…. Thanked Jeff for bringing forth Fleming’s comments – she is right that recommendation #1 didn’t come from ….a number of groups….Mayor Myrick admitted that he was the author of that
recommendation…..Council created the working group to examine what it would look like
…will continue to examine and explore…seeking input from…. Thanked everyone who came forward to support the Starbucks’ workers. City does not have any….authority, responsibility to …..NLRB (National Labor Relations Board?), must lend its voice to ….get from video.
Brown – wants to support the Starbucks Resolution – many workers are constituents and deserve Council’s support. Responded to comments made by Mr. Winn – change is frightening but it is coming. Character assignation of Yasmine Rashid is heartbreaking.
CONSENT AGENDA: CITY ADMINISTRATION COMMITTEE: 3.1 PBZ&ED - Amendment to Personnel Roster By Alderperson Cantelmo: Seconded by Alderperson DeFendini WHEREAS, the Department of Planning and Development wishes to increase the
potential applicant pool for Planner positions, and WHEREAS, in consultation with Human Resources, the Department created the position of Assistant Planner, an entry-level position below Planner, and
WHEREAS, the Assistant Planner is a training position in which one holding the position would be eligible for promotion to Planner after a year of satisfactory work performance, and
WHEREAS, the position requires less experience and/or education than the Planner
position and could therefore attract candidates with undergraduate degrees in Planning and related fields; now, therefore, be it RESOLVED, That the Personnel Roster of the Planning and Development Department
be amended as follows:
Add: One (1) Assistant Planner (40 hours/week) and be it further
RESOLVED, That, based on recruitment results, the Assistant Planner position may be filled in lieu of a funded Planner position, or vice versa, but in no event shall both positions be filled at the same time without prior Council approval, and be it further
RESOLVED, That the position of Assistant Planner shall be assigned to the CSEA
Administrative Unit Compensation Plan at salary grade 11, and be it further RESOLVED, That for the sole purpose of determining days worked reportable to the New York State and Local Employees Retirement System the standard workday for
this position shall be established at eight (8) hours per day (forty (40) hours per week),
and be it further RESOLVED, That funding for this position shall be derived from the approved 2022 departmental budget.
Carried Unanimously 3.2 Police Department - Amendment to Personnel Roster – Police Records Supervisor By Alderperson Cantelmo: Seconded by Alderperson DeFendini
WHEREAS, the Ithaca Police Department has recently restructured the duties of
several first line supervisors to allow the department to better focus on building stronger relationships with the community, and to increase accountability and transparency. In continuing to restructure for better efficiency and to also allow career growth for civilian
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staff, the department is requesting the addition of a civilian Police Records Supervisor to the roster, and
WHEREAS, the Ithaca Police Department requested the assistance of the Human
Resources Department in establishing the appropriate job duties and classification for a Police Records Supervisor. The Human Resources Department assisted and presented the new job description to Ithaca City Civil Service Commission, and
WHEREAS, the Ithaca Civil Service Commission reviewed and approved the job
classification of Police Records Supervisor during its regular meeting on June 1, 2022; now, therefore, be it RESOLVED, That the Personnel Roster of the Ithaca Police Department be amended
as follows:
Add: One (1) Police Records Supervisor (40 hours/week) and be it further
RESOLVED, That the position of Police Records Supervisor shall be assigned to the CSEA Administrative Unit Compensation Plan at salary grade 8, and be it further RESOLVED, That for the sole purpose of determining days worked reportable to the
New York State and Local Employees Retirement System the standard workday for
this position shall be established at eight (8) hours per day (forty (40) hours per week), and be it further RESOLVED, That funding for this position shall be derived from the approved 2022
departmental budget. Carried Unanimously 3.3 Police Department - Amendment to Personnel Roster – Police Support Specialist
By Alderperson Cantelmo: Seconded by Alderperson DeFendini WHEREAS, the Ithaca Police Department requested a review of the Data Entry Specialists assigned to the Records Unit to determine whether the position is appropriately classified, and
WHEREAS, the Human Resources Department has reviewed the duties and responsibilities of the Data Entry Specialist position and has determined that there has been a permanent and material growth in job responsibilities that merits a new classification of the position to Police Support Specialist; now, therefore, be it
RESOLVED, Subject to the approval of the Ithaca Civil Service Commission, the Personnel Roster of the Ithaca Police Department be amended as follows: Add: Four (4) Police Support Specialists (40 hours/week) Delete: Two (2) Data Entry Specialists (40 hours/week)
Unfund: Two (2) Data Entry Specialists (40 hours/week) and be it further
RESOLVED, That the position of Police Support Specialist shall be assigned to the
CSEA Administrative Unit Compensation Plan at salary grade 4, and be it further RESOLVED, That two Data Entry Specialist positions shall remain on the Ithaca Police Department personnel roster in an unfunded capacity until such time as the employees
successfully complete the civil service examination process for Police Support
Specialist, at which time the positions shall be abolished, and be it further RESOLVED, That for the sole purpose of determining days worked reportable to the New York State and Local Employees Retirement System the standard workday for
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this position shall be established at eight (8) hours per day (forty (40) hours per week), and be it further
RESOLVED, That funding for this position shall be derived from the approved 2022
departmental budget. Carried Unanimously 3.4 Proof-of-Work (PoW) Cryptocurrency Mining Moratorium & GEIS legislation
(A.7389-C/S.6486-D) By Alderperson Cantelmo: Seconded by Alderperson DeFendini WHEREAS, both houses of the New York State Legislature recently voted in support of a critical bill establishing a Proof-of-Work (PoW) Cryptocurrency Mining Moratorium & GEIS legislation (A.7389-C/S.6486-D), and
WHEREAS, this legislation will prevent the purchase and use of mothballed fossil-fuel power plants for cryptocurrency mining for the next two years, and WHEREAS, upstate New York has a strong agricultural and tourism economy, creating
over 60,000 jobs, which would be needlessly impacted by the re-powering of fossil-fuel power plants and the associated pollution, and WHEREAS, there exist more than 30 off-line power plants that could be converted into mining centers across the state, and
WHEREAS, our climate goals in the Climate Leadership and Community Protection Act (CLCPA) are threatened if New York State allows the reopening of many powerplants, and
WHEREAS, the Department of Environmental Conservation’s review of the impacts of the cryptocurrency industry on our environment will provide crucial information on digital currency mining and its effects on the CLCPA climate goals, and WHEREAS, this bill now awaits Governor Hochul’s signature to become law; now,
therefore, be it RESOLVED, That the City of Ithaca hereby expresses its support for A.7389-C/S.6486-D and requests Governor Kathy Hochul immediately sign the legislation into law, and, be it further
RESOLVED, That a copy of this resolution be sent to the following officials: Governor Kathy Hochul NYS Senator Thomas O’Mara NYS Assemblymember Anna Kelles
Carried Unanimously 3.5 Youth Bureau - Request to Amend 2022 Budget By Alderperson Cantelmo: Seconded by Alderperson DeFendini WHEREAS, the Ithaca City School District has agreed to give the Youth Bureau $8,150
in new funding for the 2022 Students of Color United Summit, and WHEREAS, the goal of this event is to bring middle and high school students together in a way that allows them to connect and build community, and
WHEREAS, the Youth Bureau staff will work closely with the IRISE students at the Ithaca High School to plan, and implement the event; now, therefore, be it RESOLVED, That Common Council hereby amends the 2022 Youth Bureau budget as
follows:
Increase Revenues: A7310-2705-1200 Youth Development Administration $8,150.00 Increase Expenses:
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A7310-5120-1200 Part time/Seasonal $1,000.00 A7310-5425-1202 Office Supplies $341.50 A7310-5460-1200 Program Supplies $6,650.00
A7310-9030 FICA/Medicare $76.50
A7310-9040 Workers Compensation $82.00 $8,150.00 Carried Unanimously
3.6 Youth Bureau – Request to Amend 2022 Youth Bureau Budget – Youth Employment Services By Alderperson Cantelmo: Seconded by Alderperson DeFendini WHEREAS, the Joint Youth Commission and the Town of Ithaca have advised the Ithaca Youth Bureau that Youth Employment Service will be receiving $78,800 in
funding for the Joint Youth Commission First-Time Work Program, and
WHEREAS, the goal of this program is to provide short-term subsidized internships for eligible teens needing assistance in securing employment; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2022 Youth Bureau budget as
follows: Increase revenue: A7310-2350-1202 Youth Employment Service $77,800.00
A7310-2350-1400 Administration $1,000.00 $78,800.00 Increase expenses: A7310-5120-1202 Part time/Seasonal $67,681.00
A7310-5425-1202 Office Supplies $495.00 A7310-5445-1202 Travel & Mileage $200.00 A7310-5460-1202 Program Supplies $500.00 A7310-5425-1400 Office Expense $1,000.00 A7310-9030 FICA/Medicare $5,178.00
A7310-9040 Workers Compensation $3,746.00
$78,800.00 Carried Unanimously 3.7 Youth Bureau – Request to Amend 2022 Youth Bureau Budget – Youth
Employment Services
By Alderperson Cantelmo: Seconded by Alderperson DeFendini WHEREAS, the Ithaca Youth Bureau has applied for funding through the Tompkins County Workforce Investment Board and will be receiving $179,133 in new funding for the Tompkins Summer Youth Employment Program, and
WHEREAS, the goal of this program is to provide short-term subsidized internships for low-income eligible teens needing assistance in securing employment; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2022 Youth Bureau budget as
follows: Increase revenue: A7310-4820-1202 Youth Employment Service $174,484.00
A7310-4820-1400 Administration $4,649.00
$179,133.00 Increase expenses: A7310-5120-1202 Part time/Seasonal $146,282.00
A7310-5425-1202 Office Supplies $2,500.00
A7310-5440-1202 Staff Development $1,500.00 A7310-5445-1202 Travel & Mileage $1,500.00 A7310-5460-1202 Program Supplies $2,500.00 A7310-5437-01400 Merchant Services $1,000.00
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A7310-5440-01400 Staff Development $1,000.00 A7310-5425-01400 Office Expense $1,000.00 A7310-5460-01400 Program Supplies $1,000.00
A7310-5476-01401 Equipment Maintenance $649.00
A7310-9030 FICA/Medicare $12,010.00 A7310-9040 Workers Compensation $8,192.00 $179,133.00 Carried Unanimously
3.8 Attorney’s Office – Approval of Hiring Outside Legal Counsel By Alderperson Cantelmo: Seconded by Alderperson DeFendini WHEREAS, the Common Council has raised ethical concerns regarding potential outside financial influence in the Reimagining Public Safety Process, and
WHEREAS, Council has in particular focused those concerns on apparent outside payments to non-staff volunteer or consultant participants in the process, and WHEREAS, the Mayor has called for an investigation intended to directly address these
concerns, and
WHEREAS, the Common Council, the Mayor, the City Attorney, and the Chief of Staff agree that such an investigation will best be conducted by outside legal counsel in order to maximize public trust in the investigative outcome; now, therefore, be it
RESOLVED, That Council hereby appropriates $16,000 from account A1420-5700 Attorney Encumbrances and transfers an amount not to exceed $34,000 from account A1990 Unrestricted Contingency to account A1420-5435 Attorney contracts, for a total not to exceed $50,000 to fund the above-described investigation and such related
expenses as the Mayor deems necessary; and, be it further
RESOLVED, That said investigation shall result in a final written report to be made publicly available. Carried Unanimously
3.9 Clerk’s Office - Approval of Outdoor Dining Alcohol Permit By Alderperson Cantelmo: Seconded by Alderperson DeFendini WHEREAS, several downtown restaurants have requested permission to utilize certain areas along the Primary and Secondary Commons and sidewalks in the downtown core
for outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on City property, and
WHEREAS, Common Council has determined that the use of public property for outdoor dining and special events including the responsible sale and consumption of alcohol, plays an important role in the vibrancy of the downtown business district, and WHEREAS, Common Council has determined that any use of this or similar public
property involving the sale and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2022, Common Council hereby approves a revocable
alcoholic beverage permit for Kimchi Korean Restaurant for the outdoor sale and
consumption of alcohol in accord with the terms and conditions set forth in their application, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously
Acting Mayor Lewis asked City Attorney Lavine to provide an update on Item 3.8 Outside Council Kristen Smith, Bond Shenick & King, Syracuse NY. For years corporation counsel for the City of Syracuse. Understands how government works, involved in Governor’s Executive Order in Syracuse regarding reimaging public safety.
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Her final report will be made available to the public. CITY ADMINISTRATION COMMITTEE:
4.1 An Ordinance Amending Chapter 215 of the City of Ithaca Municipal Code Entitled “Human Rights Protection” to Add Article VII “Protection of Reproductive Rights” By Alderperson Cantelmo: Seconded by Alderperson DeFendini WHEREAS, the City of Ithaca hereby affirms and expresses support that the core
values of our community include creating a climate of welcome and inclusiveness,
protecting and preserving democracy, freedom, human rights, and the dignity of all people; and WHEREAS, the 2019 Reproductive Health Act affirmed New York State’s commitment
to comprehensive reproductive healthcare as a fundamental component of health,
privacy, and equality; and WHEREAS, in anticipation of an expected Supreme Court ruling, some state legislatures have moved to criminalize out-of-state abortions; and
WHEREAS, the New York State Legislature is actively considering the A10148 the Reproductive Freedom and Equity Program Act; now therefore ORDINANCE 2022-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative findings, intent, and purpose.
The Common Council makes the following findings: 1. That the protection of reproductive rights is essential to healthcare and the wellbeing of individuals. 2. That New York State legalized abortion in 1970 prior to the landmark Roe v.
Wade case enshrined these protections in the U.S. Constitution. Based on the above findings of fact, and consistent with the Tenth Amendment to the United States Constitution, the enactment of this Article is intended to achieve the following objectives,
Section 2. §215 of the City Code is hereby amended to add at the end thereof a new Article VII to read as follows:
Article VII Protection of Reproductive Rights
§215-47 The purpose and intent of this Article is to recognize the importance of reproductive healthcare as a matter of health, privacy, and equality and to ensure, to the greatest extent permitted by law, that those rights are upheld for all residing within the City of Ithaca.
§215-48 Persons not to be detained.
A. No city resources, including, but not limited to, time spent by employees, officers,
contractors, or subcontractors while on duty, or the use of city property, shall be utilized for: 1) Detaining persons for performing or aiding in the performance of an abortion within this state, or in procuring an abortion in this state, if the abortion is
performed in accordance with the provisions of Article 25A of the Public Health
Law or any other applicable New York State law, or 2) Cooperating with or providing information to any individual or out-of-state agency or department regarding the provision of a lawful abortion performed in the state.
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B. Nothing in this section shall prohibit the investigation of any criminal activity in this state, provided that no information relating to any medical procedure performed on a
specific individual may be shared with an out-of-state agency or any other individual. C. Any person detained in violation of this section may bring an action in any court of competent jurisdiction for a claim of unlawful detention in violation of this section, for any damages, including punitive damages, and for declaratory and injunctive relief and
such other remedies as may be appropriate. The court, in issuing any final order in any section brought pursuant to this section, may award costs of litigation, to the prevailing party whenever the court determines such an award is appropriate. This section does not limit or abrogate any claim or cause of action such person has under common law or by other law or rule.
Section 3. Severability Clause Severability is intended throughout and within the provisions of this Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall
not affect the validity of the remaining portions of this Ordinance.
Section 4. Effective Date This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter.
Cantelmo – this action would prohibit city employees from cooperating with or providing
information to an individual or out-of-state agency or department regarding the provision
of a lawful abortion performed in the state.
…explicitly allowing the aggrieved party to sue the City.
Lavine – not concerned about the liability profile on this issue. McGonigal questioned
what might happen if there was a class action suit – Lavine response.
Brock – similar to non-compliance of city staff to the enforcement immigration (2017).
One word stood out – Article VII – purpose and intent – these rights are upheld for all
residing in the City of Ithaca. Is the intent to protect people who come here for services
but don’t live in the City of Ithaca. Cantelmo – strike the word residing – friendly
amendment.
Brown – doesn’t Governor’s statement cover the City of Ithaca? New York State is Safe
Harbor for those seeking abortion services. Thank the mend who came together to
protect women.
DeFendini – setting an important precedent for other cities to follow.
A vote on the Ordinance resulted as follows:
Carried Unanimously
4.2 Accept Report of the Reimagining Public Safety Working Group
Alderperson Cantelmo: Seconded by Alderperson Nguyen 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
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WHEREAS, in response to Executive Order 203 Common Council adopted recommendations from the joint City of Ithaca and Tompkins County report “Public Safety Reimagined” on March 31, 2021, including the creation of a task force consisting
of “IPD staff, other City staff, Alderpersons, interested City residents, and outside
experts or consultants” to design a new department to “manage various public safety functions in the City” consisting of “a unit of unarmed first responders to respond to certain non-violent call types” and “a unit of armed, uniformed first responders who shall qualify in all respects under New York State law as police officers, with said unit
therefore led by someone who shall qualify in all respects under New York State law as
a Chief of Police”, and WHEREAS, in June 2021 that task force convened as the Reimagining Public Safety (RPS) Working Group and its over 35 members, technical advisors, and subcommittee
contributors held biweekly meetings for 8 months to discuss RPS implementation with
community input gathered via a website and in-person and virtual public forums, and WHEREAS, Working Group Co-Leads Eric Rosario and Karen Yearwood presented “Implementing the City of Ithaca’s New Public Safety Agency: Suggestions From the
City of Ithaca’s Reimagining Public Safety Working Group” to Common Council and the
public on March 2, 2022; now, therefore, be it RESOLVED, That Common Council accepts the report of the Reimagining Public Safety Working Group and thanks the Reimagining Public Safety Working Group co-
leads Eric Rosario and Karen Yearwood, participating members, and consultants and
technical advisors for their work and contributions, and, be it further RESOLVED, That Common Council adopts the following actions:
● establish a civilian leadership position, with authority designated by the Mayor, to
oversee the City’s public safety response systems,
● establish an ad-hoc public safety committee,
● require community-centered training for both armed and unarmed first
responders,
● supply improved technology for community safety efforts,
● implement improved data collection and public reporting of such data;
and, be it further
RESOLVED, That Common Council commits to implementing those portions of the report with continued public input and further review by Common Council.
Lewis – in addition to the Working Group that met, Common Council had a number of
robust conversations about the …..centering the voices of the black and brown voices in
our city. Get from video – appreciative of the work of everyone. Slightly unusual to
accept a report while simultaneously adopting some of the recommendations, although
it is allowed. There has been movement on a number of the recommendations: Special
Committee of Council to …. Data collection and reporting: IPD dashboard, Lexipol.
McGonigal – member of Working Group – has mixed feelings about the establishment
of civilian leadership of the Police Department. The police are overseen by a civilian
now – the Mayor. The City Manager, if approved by the electorate, will also be a civilian
overseeing the police department. Supports this move because a large number of
members of the black community feel that this is vitally important. Important to map out
exactly what the City wants. The new Police Chief should have some of the same
qualities that are being sought in the Deputy Chief of Staff position.
Brock – important to outline that this has been a long process. One step in a many step
process. Recommendation #1 did not come out of community based effort, it came
from one person. In the creation of the Working Group – outside groups were brought
in and contributed significantly to this report. They were not evaluated….approved by
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Council….found out later that the Co-Chairs and members were paid, found out that
government experts were not invited or consulted on the report (District Attorney, City
Attorney, City Controller). Get from video…reports should be free from inappropriate
and undue influence…..She cannot vote to accept this report as a valid, unbiased
report. She appreciates and values and honors the work of the Working Group that got
caught up in ….very grateful for their contributions. Believes it would be negligent of her
to accept the report.
Lewis – takes issue with….represented their community…spoke open and freely.
Integrity in the Working Group process. Takes issue with comments that are dismissive
of the work of the working group.
Brown – respects Brock’s input – many in the community of color helped developed
these recommendations. Many of the people who worked on this were people who
don’t typically get involved in community issues.
Nguyen – seconds what Brown said – as a member of the Working Group – this
document reflects the sentiments of the community.
Brock – agrees that the community input is reflective in this report…in looking at the rest
of the Resolution and the second Resolved – she does support that wholeheartedly.
Supports the actions that Council is moving forward with and agrees that the role of
community members is held with the highest integrity and esteem.
Brown – she didn’t stand up and become part of the process….
Barken – uncomfortable with how this Resolution came to be “accepts” and “adopts” –
top heaviness of the proposals. There is big media projecting misinterpretations – there
is a difference between adopts and accepts. Wants to acknowledge and thank the folks
that took on a very challenging issue but also wants to acknowledge….can’t stand
behind this product.
Amending Resolution
By Alderperson Brock: Seconded by Alderperson Barken
First Resolved : Replace the word “Accepts” with “Acknowledges”
Lewis – Common Council Rules of Procedure (accept, adopt, endorse) – acknowledge
is not an option.
Nguyen – supports Resolution as written. Will not support amendment.
Cantelmo – noted that this passed unanimously at Committee – will not support
amendment
Lewis – will vote against amendment; however, a member’s vote in committee does not
bind their final vote. Cantelmo – agrees, but changes should be proposed and
discussed in committee.
Barken – changed his mind – needed time to think – can’t support without the change of
language. Improper infiltrations in government that are being investigated.
Brock – unusual situation – subject of two investigations. Doesn’t want to invoke the
option of rejecting the report – too harsh – accepts doesn’t acknowledge the issues
being investigated.
Brown – does not support the amendment. Heard the word “wait” for as long as she
can remember – imperative that we move on.
A vote on the Amendment resulted as follows:
2-8 Brock – Barken
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Fails 2-8
McGonigal – would the word Action in the 2nd Resolved be more accurate to say
Recommendation
Brock – Point of Clarification – the report did not contain many of these items, so it
would not be appropriate to change the language.
Main Motion
A vote on the Main Motion resulted as follows:
8-2 Brock, Barken
Carried 8-2
4.3 Common Council - Establish Deputy Chief of Staff for Public Safety Alderperson Cantelmo: Seconded by Alderperson Brown WHEREAS, on June 12, 2020, Governor Cuomo issued Executive Order 203, which charged local governments to “perform a comprehensive review of current policy force deployments, strategies, policies, procedures, and practices, and develop a plan to
improve such deployments, strategies, policies, procedures, and practices, for the purposes of addressing 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, on March 31, 2021, the Common Council resolved to consider a department with civilian leadership to oversee the various public safety functions in the City, and
WHEREAS, Common Council also resolved that implementation of organizational redesign related to public safety reform would be done “in such a manner that the employment of each of the current police officers of the Ithaca Police Department shall continue uninterrupted by such a restructuring, retaining their positions and rank in the Ithaca Police Department, without being required to apply or reapply in order to maintain
their current positions and rank, and retaining their civil service status, authority, and benefits of the title including all terms and conditions of employment and benefits as exist by law and under their applicable collective bargaining agreement, memoranda of agreement, and interest arbitration awards as applicable, and remaining subject to all duties and obligations required of them under each of the foregoing and under the rules
and regulations of the Ithaca Police Department”, and WHEREAS, on March 2, 2022, the Reimagining Public Safety Working Group affirmed that civilian leadership of public safety is necessary to cultivate a culture of service and transparency and to provide extensive project management and interdisciplinary
leadership skills, and WHEREAS, on June 6, 2022, the Common Council discussed establishing a deputy chief of staff for public safety that would ensure civilian oversight of relevant departments including armed and unarmed responders and comply with the
aforementioned parameters for organizational redesign; now, therefore, be it RESOLVED, That Common Council reaffirms its support for civilian leadership in the City’s public safety departments, and, be it further RESOLVED, That Common Council directs the Acting Mayor to work with Human Resources to establish a job description, no later than December 31, 2022, for a Deputy Chief of Staff for Public Safety to aid in the discharge of their civilian oversight, disciplinary, and budgetary duties; and, be it further
RESOLVED, That Common Council directs the Acting Mayor to include in the FY2023
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budget all necessary monies for to hire and support a Deputy Chief of Staff for Public Safety, and, be it further
RESOLVED, That Common Council directs the Mayor to provide a written evaluation of
the impact of civilian oversight, including feedback from the community and Council, no later than December 31, 2023, and, be it further RESOLVED, That Council commits to implement any additional necessary reforms to
ensure adequate and effective civilian oversight of the City’s public safety
responsibilities. DeFendini – suggested an amendment to the language in the 5th Whereas -
add the words “including armed and unarmed responders” – considered a Friendly
Amendment. Cantelmo – concerns raised by colleagues – will get data from this…get from video
Brock – do we want to include flexibility in this Resolution – overall consensus,
beneficial oversee and coordinate with TC Mental Health, LEAD program,…get from video. Perhaps these responsibilities could be folded into an existing/redefined position vs. a stand-alone position – being mindful of being too top heavy. Going into 2023 budget season …
Nguyen – objects to the Friendly Amendment made…. Lewis – 2nd Resolved, directs the Acting Mayor to work with Human Resources to establish a job description. Friendly amendment? Brown – would like to see
community involvement in the creation of a job description. Lewis – agrees that
community involvement should be involved with the search and selection of candidates – but HR are the experts in the development of job descriptions. McGonigal – agrees with Ducson – should be holistic language – likes the original
language.
Brock – proposed language change to 2nd Resolved clause… Barken – where are the teeth in this? Cantelmo – the teeth are in the Mayor’s
disciplinary, and budgetary duties. Not wanting to wait for the City Manager implementation, if adopted. Lavine – can call it temporary – the legislation already calls out how the Mayor’s duties would transition to the City Manager…
McGonigal – we chose this route so that the Chief of Police would remain the head of their department. That is why he supports this. Main Motion
A vote on the Main Motion resulted as follows: Carried Unanimously 4.4 Resolution Calling on Starbucks to Re-Open the College Avenue Store and
Stop Union-Busting
This item was withdrawn from the agenda in deference to an Individual Member Filed Item.
4.5 A Local Law to Adopt New Ward Boundary Lines
July 6, 2022
13
By Alderperson Cantelmo: Seconded by Alderperson DeFendini
WHEREAS a census was held in 2020 which indicated changes in population within
the City that prompted the City to re-examine its ward boundaries, and which made
it necessary for the City to embark on a redistricting plan, and WHEREAS, in view of the foregoing, a City Redistricting Working Group was
established to make recommendations to the City of Ithaca Common Council
regarding ward boundaries for the City, and
WHEREAS, the Redistricting Working Group studied various options and has
presented its report and recommendations to the Common Council, and
WHEREAS, the Common Council has received public comment and deliberated
upon the matter at length; now, therefore, Local Law 2022 -
BE IT ENACTED BY the Common Council of the City of Ithaca as follows:
Section 1. Legislative Intent and Purpose. The Common Council of the City of Ithaca determines that it is in the interest of the public welfare to adopt the Ward Map commonly known as the Working
Group’s Final 2022 Proposed Redistricting Plan, Scenario ALT 4C V3,
dividing the City into five separate wards from each of which two Alderpersons
shall be elected . The Common Council recognizes that, based on the 2020
census, this will result in a population deviation spread of approximately three-point-sixty-six percent (3.66%) between the least and most populous of these
wards.
Section 2. The text of Section C-3 “Ward Boundaries”, as currently contained in
the Ithaca City Charter and last ratified by Local Law # 2 of 2012 is hereby repealed
and replaced with the following text:
The City shall be divided into five wards respectfully bounded and described as
follows:
A. Ward I: Beginning at a point of intersection of the centerlines of Cascadilla Creek and Monroe Street; thence running southwesterly along the centerline of
Monroe Street a distance of 29 feet to the intersection with the centerline of
Lake Avenue; thence southeasterly along the centerline of Lake Avenue a
distance of 580 feet to the intersection of the centerline of Cascadilla Street;
thence westerly along the centerline of Cascadilla Street a distance of 2,484
feet to the intersection of the centerline of North Meadow Street; thence
southerly along the centerline of North Meadow Street a distance of 2,177 feet
to the intersection with the centerline of West Green Street; thence easterly along the centerline of West Green Street a distance of approximately 2,519
feet to the intersection of centerline of South Cayuga Street; thence
southwesterly across Tax Parcel 500700-106.-1-8.2 (Tax Roll Status 2021) a
distance of approximately 1,900 feet to a point of intersection with the City of
Ithaca corporate limits, which is the northwesterly corner of said Tax Parcel
503089-40.-3-3 (Tax Roll Status 2021); thence southwesterly along the
southerly boundary of the City of Ithaca a distance of 17,544 feet, as it twists
and turns, to the southwesterly corner of tax parcel 500700-99.-1-8.2; thence northerly a distance of approximately 9,800 feet along the westerly boundary of
the City of Ithaca; thence easterly along the boundary of the City of Ithaca a
distance of 288 feet; thence southeasterly and easterly along the boundary of
the City of Ithaca a distance of approximately 2,150 feet to the intersection of
the centerline of New York State Route 89, also known as Taughannock Boulevard; thence northernly along the boundary of the City of Ithaca a
distance of approximately 4,310 feet; thence easterly along the boundary of the
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City of Ithaca a distance of 3,443 feet to a point approximately the center of the
width of Cayuga Lake; thence southerly along the approximate centerline of
Cayuga Lake a distance of 2,198 feet to the eastern shoreline of Cayuga Inlet; thence southerly along the easterly shoreline of Cayuga Inlet a distance of
approximately 3,100 feet to the intersection with the centerline of Cascadilla
Creek; thence easterly and southeasterly along the center line of Cascadilla
Creek a distance of 3,650 feet, more or less, to the point of beginning.
B. Ward II: Beginning at the intersection of the centerlines of Linn Street and East
Lincoln Street; thence easterly along the centerline of East Lincoln Street a
distance of 136 feet, more or less, to the intersection with the centerline of Lake Street; thence northerly along the centerline of Lake Street a distance of
approximately 392 feet to the intersection with the centerline of Fall Creek;
thence northwesterly along the centerline of Fall Creek a distance of 1.0 mile to
where Fall Creek flows into Cayuga Lake; thence southerly as Cayuga Lake
flows into Cayuga Inlet and continuing along the easterly shoreline of Cayuga
Inlet a distance of approximately 3,380 feet to the intersection with the
centerline of Cascadilla Creek; thence easterly and southeasterly along the
center line of Cascadilla Creek a distance of 3,650 feet, more or less, to the intersection of the centerline of Monroe Street; thence running southwesterly
along the centerline of Monroe Street a distance of 29 feet to the intersection
with the centerline of Lake Avenue; thence southeasterly along the centerline of
Lake Avenue a distance of 580 feet to the intersection of the centerline of
Cascadilla Street; thence westerly along the centerline of Cascadilla Street a
distance of 2,484 feet to the intersection of the centerline of North Meadow
Street; thence southerly along the centerline of North Meadow Street a distance
of 2,177 feet to the intersection of the centerline of West Green Street; thence
easterly along the centerline of West Green Street a distance of approximately
2,519 feet to the intersection of centerline of South Cayuga Street; thence
southerly along the centerline of South Cayuga Street a distance of approximately 1,216 feet more or less, to the intersection with the centerline of
Six Mile Creek; thence northeasterly along the centerline of Six Mile Creek a
distance of approximately 1,700 feet, more or less, to the intersection with the
centerline of South Aurora Street; thence northerly along the centerline of
South Aurora Street a distance of approximately 47 feet to the intersection with the centerline of East Green Street; thence northeasterly along the centerline of
East Green Street a distance of approximately 429 feet to the intersection with
the centerline of East State Street; thence easterly along the centerline of East
State Street a distance of 1,525 feet more or less, to the intersection with the
centerline of North Quarry Street; thence northerly along the centerline of North
Quarry Street a distance of 1,067 feet, more or less, to the intersection with the
centerline of East Buffalo Street; thence westerly along the centerline of East
Buffalo Street a distance of 314 feet, more or less, to the intersection with the centerline of Stewart Avenue; thence northerly along the centerline of Stewart
Avenue a distance of 652 feet to the intersection with the centerline of
Cascadilla Creek; thence easterly along the centerline of Cascadilla Creek a
distance of 1,574 feet to the intersection with the centerline of Linn Street;
thence northerly along the centerline of Linn Street a distance of 3,284 feet to
the point of beginning.
C. Ward III: Beginning at a point in the south corporate limits of the City of Ithaca
at its intersection with the center line of East State Street (New York State
Route 79); thence easterly along the south corporate limit of the City of Ithaca a distance of 260 feet, more or less, to a monument marking the southeasterly
corner in the corporate limits of the City of Ithaca; thence northerly along the
east line of the City of Ithaca a distance of 6,511 feet more or less, to the
intersection with the centerline of Dryden Road; thence westerly along the
centerline of Dryden Road a distance of approximately 418 feet to the
intersection with the centerline of Hoy Road; thence westerly along the
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centerline of Hoy Road a distance of 96 feet to the intersection with the
centerline of Fall Creek; thence westerly along the centerline of Fall Creek a
distance of approximately 2,640 feet to the intersection with the centerline of College Avenue; thence southerly along the centerline of College Avenue a
distance of 176 feet more or less to the intersection with the centerline of Oak
Avenue; thence easterly along the centerline of Oak Avenue a distance of 606
feet to the intersection with the centerline of Summit Avenue; thence southerly
along the centerline of Summit Avenue a distance of 409 feet to the intersection
with the centerline of Dryden Road; thence westerly along the centerline of
Dryden Road a distance of 325 feet to the intersection with the centerline of
Linden Avenue; thence southerly along the center line of Linden Avenue a distance of 838 feet, more or less, to a point of intersection with the center line
of Bool Street; thence westerly along the center line of Bool Street a distance of
267 feet, more or less, to a point of intersection with the center line of College
Avenue; thence southerly along the center line of College Avenue a distance of
614 feet, more or less, to a point of intersection with the center line of Mitchell
Street (New York State Route 336); thence southwesterly along the center line
of Mitchell Street (New York State Route 336) a distance of 306 feet, more or
less, to a point of intersection with the center line of East State Street; thence northwesterly along the center line of East State Street a distance of 2,365 feet,
more or less, to a point of intersection with the center line of East Green Street
(New York State Route 79E); thence southwesterly along the centerline of East
Green Street (New York State Route 79E) a distance of 430 feet, more or less
to the intersection with the centerline of South Aurora Street; thence
southwesterly a distance of 60 feet, more or less, to the intersection with the
centerline of Six Mile Creek; thence southeasterly along the centerline of Six
Mile Creek a distance of approximately 1,700 feet, more or less, to the
intersection with the center line of South Cayuga Street; thence southerly along
South Cayuga Street a distance of 1,200 feet, more or less, to the southern end
of the centerline of South Cayuga Street; thence southwesterly across Tax Parcel 500700-106.-1-8.2 (Tax Roll Status 2021) a distance of approximately
615 feet to a point of intersection with the City of Ithaca corporate limits, which
is the northwesterly corner of said Tax Parcel 503089-40.-3-3 (Tax Roll Status
2021); thence easterly along the southerly boundary of the City of Ithaca
corporate limits, as it twists and turns, a distance of 9,000 feet, more or less, to the point and place of beginning.
D. Ward IV: Beginning at a point on the center line of Cascadilla Creek at the point
of intersection with the center line of Stewart Avenue; thence running
northeasterly along the center line of Stewart Avenue a distance of 2,219 feet,
more or less, to the intersection with University Avenue; thence running more or
less in an easterly direction along the centerline of University Avenue a
distance of approximately 2,359 feet to the intersection of the centerlines of Forest Home Drive, Thurston Avenue and Feeney Way, formerly known as
East Avenue; thence continuing easterly along centerline of Forest Home Drive
a distance of approximately 2,185 feet to the intersection of the easterly
boundary of the City of Ithaca; thence continuing southerly along the easterly
boundary of the City of Ithaca a distance of approximately 2,130 feet to the
intersection with Dryden Road; thence continuing westerly along the centerline
of Dryden Road a distance of approximately 417 feet to the intersection of Hoy
Road; thence continuing westerly along the centerline of Hoy Road a distance
of 96 feet to the intersection of the centerline of Cascadilla Creek; thence
continuing westerly along the centerline of Cascadilla Creek a distance of
approximately 2,640 feet to the intersection of College Avenue; thence running southerly along the centerline of College Avenue a distance of 176 feet, more
or less, to a point of intersection with the center line of Oak Avenue; thence
easterly along the center line of Oak Avenue a distance of 606 feet more or
less, to a point of intersection with the center line of Summit Avenue; thence
southerly along the center line of Summit Avenue extended a distance of 409
feet, more or less, to a point of intersection with the center line of Dryden Road;
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thence westerly along the center line of Dryden Road a distance of 325 feet,
more or less, to a point of intersection with the center line of Linden Avenue;
thence southerly along the center line of Linden Avenue a distance of 838 feet, more or less, to a point of intersection with the center line of Bool Street; thence
westerly along the center line of Bool Street a distance of 267 feet, more or
less, to a point of intersection with the center line of College Avenue; thence
southerly along the center line of College Avenue a distance of 614 feet, more
or less, to a point of intersection with the center line of Mitchell Street; thence
southwesterly along the center line of Mitchell Street a distance of 306 feet,
more or less, to a point of intersection with the center line of East State Street;
thence northwesterly along the center line of East State Street a distance of 840 feet, more or less, to a point of intersection with the center line of North
Quarry Street; thence running northerly along the centerline of North Quarry
Street a distance of 1,066 feet to a point of intersection with the centerline of
East Buffalo Street; thence running westerly along the centerline of East Buffalo
Street a distance of 314 feet to a point of intersection with the centerline of
Stewart Avenue; thence running northerly along the centerline of Stewart
Avenue a distance of 648 feet, more or less, to the point of beginning.
E. Ward V: Beginning at the intersection of the centerlines of Linn Street and East
Lincoln Street; thence easterly along the centerline of East Lincoln Street a
distance of 136 feet, more or less, to the intersection with the centerline of Lake
Street; thence northerly along the centerline of Lake Street a distance of
approximately 392 feet to the intersection with the centerline of Fall Creek;
thence northwesterly along the centerline of Fall Creek a distance of 1.0 mile to
where Fall Creek flows into Cayuga Lake; thence northerly a distance
approximately 2,198 feet to the northernly boundary of the City of Ithaca;
thence easterly along the northernly boundary of the City of Ithaca a distance of
approximately 2,990 feet; thence southerly along the westerly boundary of the
Town of Ithaca, as it twists and turns, approximately 4,250 feet; thence easterly along the boundary of the City of Ithaca a distance of approximately 1.27 miles
to a point of intersection with the easterly boundary of the City of Ithaca; thence
southerly along the easterly boundary of the City of Ithaca a distance of 2,610
feet to the intersection with the centerline of Forest Home Drive; thence
westerly along the centerline of Forest Home Drive a distance of approximately 2,185 feet to the intersection with the centerlines of Feeney Way, formerly
known as East Avenue, Thurston Avenue and University Avenue; thence
westerly along the centerline of University Avenue a distance of 2,359 feet to
the intersection with the centerline of Stewart Avenue; thence southerly along
the centerline of Stewart Avenue a distance of 2,175 feet to the intersection of
the centerline of Cascadilla Creek; thence westerly along the centerline of
Cascadilla Creek a distance of 1,574 feet to the intersection with the centerline
of Linn Street; thence northerly along the centerline of Linn Street a distance of 3,284 feet to the point of beginning.
Section 3. Severability. If any clause, sentence, paragraph, section, or part of
this local law shall be adjudged by any court of competent jurisdiction to be
invalid, such judgment shall not affect, impair or invalidate the remainder thereof
but shall be confined in its operation to the clause, sentence, paragraph, section,
or part thereof directly involved in the controversy in which such judgment shall
have been rendered.
Section 4. Effective Date. This Local Law shall take effect on January 1, 2023, after filing in the office of the
Secretary of State, provided however that all current Alderpersons shall continue to
hold office and represent the heretofore existing wards through December 31,
2023 absent cause for vacancy otherwise represented by law, and further provided that the ward boundaries heretofore existing shall continue to be the ward
boundaries for the purpose of filling vacancies in office until the general election in
November 2023.
July 6, 2022
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Lewis thanked the Redistricting Working Group for all of their hard work on this issue.
A vote on the Local Law resulted as follows:
Alderperson McGonigal – Aye Alderperson Brock – 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
4.6 Authorization to Approve Master License Agreement for AT&T Wireless Facilities By Alderperson Cantelmo: Seconded by Alderperson DeFendini WHEREAS, New Cingular Wireless PCS, LLC (“AT&T”) has expressed interest in installing new wireless small cell facilities on utility poles situated within the City’s right
of way, and
WHEREAS, on May 6, 2020, the Common Council approved, and in October 2021 amended, a Master License Agreement containing substantially similar terms, and authorized a fee structure for wireless facilities using poles within the City’s right of way,
and
WHEREAS, AT&T and City staff have negotiated various changes to the template Master License Agreement previously approved by Common Council for the purposes of clarifying the rights of the parties thereto and addressing certain matters not
addressed in the previously approved draft Master License Agreement, as reflected in
the redline included with this resolution, and WHEREAS, through the Master License Agreement and various provisions of the City Code as amended by an ordinance adopted by Common Council on October 6, 2021,
(“Telecoms Provisions”), the City will retain authority over installations within the City’s
right of way, including the small cell facilities contemplated by AT&T, and WHEREAS, the contemplated Master License Agreement does not in and of itself authorize or otherwise constitute approval of the installation of any particular wireless
facility, which will be subject to review and approval by the City pursuant to the
Telecoms Provisions and the terms of the Master License Agreement, once executed, now, therefore be it RESOLVED, That the Acting Mayor, subject to the advice of the City Attorney, is
authorized to enter into an agreement with AT&T in a form substantially similar to the
draft Master License Agreement included herewith.
City Attorney Lavine reviewed a suggested amendment to the following section:
4 (a) iii. The City may in its sole discretion, with advance written notice to Licensee,
retain a consultant with expertise in telecommunications technology and related issues to assist the City in its review of any application submitted under this License. Consultant review must be limited in scope to only Pole application information which requires radio frequency engineering
or other such specialized telecommunications expertise to interpret the information provided therein. Any consultant retained by the City must have the requisite education, experience and/or certifications, as determined by the City in its sole discretion, (subject to applicable state
and federal law), to perform the scope of review requested. The consultant’s scope of review and hourly rate, which must be reasonable under current industry market standards, must be detailed in writing and, if the City seeks reimbursement, provided to Licensee prior to any review being completed and/or fees being incurred. Any consultant invoices reimbursable by the Licensee shall be submitted to Licensee for review within ninety (90) days of receiving the consultant’s invoice, and invoices provided more than one hundred and eighty (180) days of the consultant’s review being completed, and shall not be reimbursable. Licensee shall have the
July 6, 2022
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right to contest any fees which are unreasonable, or which are outside of the specified scope of
review.
A vote on the Resolution resulted as follows:
Carried Unanimously
4.7 Ithaca Area Wastewater Treatment Facility (IAWWTF) – Boiler Replacement By Alderperson Cantelmo: Seconded by Alderperson Brock WHEREAS, the IAWWTF contains four (4) existing hot water boilers that are used for hydronic building space heating as well as process heating of the aerobic digesters, and
WHEREAS, the existing dual fuel boiler which may run on natural gas or biogas is a cast iron boiler that was installed in 1987 during the inception of the IAWWTF, and has an anticipated service life of 35 years, and
WHEREAS, in daily operational status inspections by staff, it has been apparent that each of the 4 boilers have developed issues with leaks, maintenance problems, and failures, resulting in a loss of adequate redundancy and reliability needed for the essential heating of the IAWWTF and for essential process heating, and
WHEREAS, a professional conditional survey of the four boilers by MRB Consultants in 2020, described:
• Cast Iron Boilers – Cracks and leaks within the heat exchanger piping and
within the boiler firebox. Problems are consistent with age, so boilers are
beyond their useful service life. Recommend replacement.
WHEREAS, the dual fuel cast iron boiler is no longer functional, and WHEREAS, the replacement of the IAWWTF cast iron dual fuel boiler with two (2) high
efficiency non-condensing packaged boilers is a recommendation within the MRB
report, and WHEREAS, due to the essential heating role of the boilers in the proper functioning of the IAWWTF, the time required for the purchase, demolition, and installation of
replacement boilers and all appurtenances, as well as the imminent heating season,
staff deems this as an “emergency situation” which requires immediate action on the part of the IAWWTF, and recommends the immediate replacement of the existing dual fuel boiler with two high efficiency non-condensing packaged boilers, and
WHEREAS, the IAWWTF received a cost proposal from J.W. Danforth for the
replacement of the dual fuel boiler, in the amount of $601,580.56; now, therefore, be it RESOLVED, Common Council hereby approves of emergency funding for replacement of the non-functional cast iron boiler, for a cost, with contingencies, not to exceed Six
Hundred and Fifty Thousand Dollars ($650,000), and, be it further
RESOLVED, That Capital Project CP 423J, Boiler Room Evaluation, be hereby amended by an amount not to exceed $650,000 for the purposes of funding said Boiler
replacement, for a total project authorization of $668,500, and, be it further
RESOLVED, That funds necessary for said replacement of the non-functional cast iron boiler be derived from the following sources as determined by the City Controller: operating funds, Fund balance, serial bonds, capital reserves, grants and Federal
stimulus funds.
Lewis – are we aware of other equipment replacements that should be scheduled for replacement to avoid these types of emergency funding requests. Brock response 4 boilers….
A vote on the Resolution resulted as follows: Carried Unanimously
July 6, 2022
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4.8 Engineering - Use of Capital Project #868 “Downtown Ithaca Transportation Management Association” to Facilitate Acceptance of the NYSDEC 2022 Climate
Smart Communities Grant in Collaboration with Downtown Ithaca Alliance for Expanded Operations and Transportation Management Association By Alderperson Cantelmo: Seconded by Alderperson Gearhart WHEREAS, the City of Ithaca Department of Public Works intends to submit an application for the 2022 New York State Department of Environmental Conservation
“Climate Smart Communities” grant program (DEC-CSC) to continue facilitating the
Downtown Ithaca Alliance (DIA), and/or a future Transportation Management Association (developed by the DIA) in receiving grant funding through this NYS program, and
WHEREAS, in 2018, the City of Ithaca created capital project number 868 “Downtown
Ithaca Transportation Management Association” in the amount of $460,397 to successfully apply for the Climate Smart Communities grant in partnership with the Downtown Ithaca Alliance (DIA), to facilitate the DIA in creating a Transportation Management Association (TMA) and providing an ongoing downtown area
Transportation Demand Management (TDM) program, and
WHEREAS, a MOU dated September 18, 2019, between the City of Ithaca and DIA laid out the agreement between the two parties to apply for the original (2018) grant, and
WHEREAS, the consequence of receiving the 2022 Climate Smart Communities Grant
would be to continue the work of the Downtown Ithaca Alliance through their GO ITHACA transportation demand management program to shift a portion of trips to modes other than single occupancy vehicles (SOVs) with their associated downtown parking demand, and
WHEREAS, the project team at GO ITHACA will implement the following tasks:
● Gathering and analyzing travel patterns of employees and residents of the urbanized area ● Producing specific, customized commuter/travel plans for both businesses and individuals ● Creating and implementing an effective marketing strategy to support downtown
employees and residents in a measurable shift away from SOVs
● Measuring and evaluating the effectiveness of these plans and any associated
marketing in achieving transportation mode change (and thus reductions in greenhouse gas emissions and parking demand) ● Providing for ongoing two way communications with the downtown community (including employees and residents) to evaluate program effectiveness, identify potential gaps in transportation services, and gather other relevant feedback
● Demonstrating the program’s value and effectiveness to both public and private
sector stakeholders and securing ongoing community, political and financial resources to sustain ongoing activities; and WHEREAS, the DIA through its GO ITHACA program currently, with the funding from the 2018 grant referenced above, provides a number of valuable transportation-related
benefits to its members who live and/or work in the Downtown Ithaca area, such as free and discounted TCAT bus passes, Ithaca Carshare membership discounts, access to carpooling and park and rides, vouchers to active transportation-related businesses such as bike shops and running stores, etc., and
WHEREAS, if awarded the 2022 Climate Smart Communities grant, the GO ITHACA program or a future TMA would be able to expand its offering beyond downtown Ithaca into the adjacent urbanized areas, and WHEREAS, this project aligns with a number of overarching goals for transportation in
Plan Ithaca, Ithaca’s comprehensive plan, and will directly implement the following Plan Ithaca recommendation: “Promote participation in public and private transportation demand management (TDM) programs. The City should work in partnership with the
July 6, 2022
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private sector to find mutually beneficial solutions to accommodate employee commuting and other transportation needs, including bicycles”, and
WHEREAS, the City adopted a Green New Deal policy on June 5, 2019, which included
adoption of a goal to achieve a carbon neutral city by 2030, and this project is designed to reduce carbon emissions in Ithaca related to transportation, and WHEREAS, the downtown parking garages are near capacity, and the business and
economic development communities have expressed concerns about the potential of
parking capacity issues to dampen continued business and investment growth in the downtown, and WHEREAS, the downtown parking garages are already subsidized by City taxpayers,
and without reducing the number of single occupancy vehicles parked in the downtown
area, the City will either run out of parking or will need to build additional structured parking, increasing the subsidy even further, and WHEREAS, all of the match requirements for the grant will be met by GO ITHACA and
its affiliated TDM partners, and no City funding is required as a match for this grant;
now, therefore be it RESOLVED, That Common Council hereby amends Capital Project #868 “Downtown Ithaca Transportation Management Association” by an amount not to exceed
$1,200,000 for implementation of a DEC-CSC contract, if awarded, and, be it further
RESOLVED, That funds needed for said Capital Project shall be derived entirely from DEC-CSC grant funding and DIA or future TMA funds, and, be it further
RESOLVED, That the Mayor or her designee is authorized to enter into the DEC-CSC
grant contract if the 2022 Climate Smart Communities Grant is awarded to the City of Ithaca, and, be it further RESOLVED, That the Mayor or her designee is authorized to enter into an MOU, as
was done before in the MOU dated September 18, 2019, with the Downtown Ithaca
Alliance or the future TMA for implementation of this grant-funded project, and, be it further RESOLVED, That any payment to the DIA or the future TMA through this grant-funded
project will be subsequent to the approval and payment of vouchers from the DEC to
the City of Ithaca. Cuddihy – explained that the City currently has a Climate Smart Communities Grant. This Resolution allows Cuddihy to apply for a second grant to expand the work that
Jane Bowman Brady, Go Ithaca! Program – reducing single occupancy usage of
vehicles (reducing emissions and demand), to provide alternative modes of transportation for a larger segment of the community. The City would front the money and be reimbursed through the grant. The local match would come from DIA funding.
McGonigal would City need to front the money before the grant is approved? Lewis –
similar proposals are that the City approves this contingent upon grant approval.
Cuddihy that is exactly right.
Brock – thank you for this opportunity. If the grant is received, is there a guarantee that
additional funding would be provided or is this a one-time award? Brady – this is a
three-year grant, no guarantee that the City would be awarded additional grants, but the
DIA is looking for alternative funding for future program maintenance and expansion.
Discussion followed on the floor regarding expectations that the city would become
financially responsible for the continuation of this program should future grant funding
not be available as people would become dependent of the services. Cuddihy response
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– get from video – this funding allows transportation partners to provide additional
services.
Cantelmo – sustainability plan
Brown – is this Way-2-Go? No – Way-2-Go is primarily education – Go Ithaca provides
the transportation services.
Discussion followed on the floor regarding transportation stability.
A vote on the Resolution as follows:
Carried Unanimously
4.9 Human Resources - Standard Workday (SWD) and Reporting Resolution for Elected and Appointed Officials By Alderperson Cantelmo: Seconded by Alderperson DeFendini WHEREAS, the New York State Retirement System requires that time worked by elected and appointed officials be reviewed to establish a standard workday for the purposes of retirement credit; and
WHEREAS the state recognizes that elected officials do not work preset schedules, but requires that retirement credit be based on time actually worked; and WHEREAS, Common Council members enrolled in the New York State Retirement
System were asked to keep a record of activities of daily details of any time spent returning phone calls, drafting correspondence, attending meetings, or other duties spent fulfilling their role as elected officials for three months to establish the standard workday; now, therefore be it RESOLVED, That the City of Ithaca hereby establishes the following standard workdays for Common Council members enrolled in the New York State retirement system and will report these officials to the New York State and Local Retirement System based on their record of activities: Name SWD Term Record of Activity Cynthia Brock 6 1/1/22-12/31/23 22.8 Phoebe Brown 6 1/1/22-12/31/23 Robert Cantelmo 6 1/1/22-12/31/23 14.4 Carried Unanimously
4.10 Finance – Approval of 2020 City Single Audit This item was withdrawn from the agenda. REPORT OF THE CITY CONTROLLER:
This item was withdrawn from the agenda. INDIVIDUAL MEMBER-FILED RESOLUTION: 6.1 Resolution urging the NLRB to recognize the closure of the College Avenue Starbucks store as an illegal anti-union tactic meant to retaliate and fire
Starbucks employees for exercising their right to form a union.
By Alderperson DeFendini: Seconded by Alderperson Brock WHEREAS, Starbucks employees at all three of the stores in Ithaca voted to unionize in order to have a voice in their working conditions and have become the first fully Starbucks-unionized city in the country, and
WHEREAS, the workers in Ithaca are part of a movement of Starbucks workers all over the country that started in Buffalo and has now spread to almost 200 stores, and
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WHEREAS, Starbucks has engaged in a massive anti-union campaign that has led to the National Labor Relations Board issuing complaints for more than 200 separate violations including retaliatory firings, closing a store, and making threats, and
WHEREAS, the Starbucks workers working in the 402 College Avenue Starbucks went on strike on April 16, 2022, to protest unsafe working conditions as a grease trap overflowed, creating a foul stench and a slipping hazard that was neglected by management, who originally told workers that repairs would be delayed for later in the
week instead of later that day following the initiated strike, and
WHEREAS, Starbucks workers at 402 College Avenue have identified a pattern of union busting by Starbucks management, including a consistent reduction of staff hours, write ups for minor infractions, and the perpetuating of unsafe working conditions,
including allowing a grease trap to overflow and the removal of a fan that acted as the
only source of cooling during summer days, and WHEREAS, the corporation’s June 4th decision to close the Ithaca Starbucks located on 402 College Avenue, despite its location in a high traffic, profitable area, and giving
workers only one week’s notice is clearly another example of union-busting, and WHEREAS, on June 21, 2022, National Labor Relations Board Region 3-Buffalo Regional Director Linda M. Leslie petitioned in United States District Court for injunctive relief for seven former Starbucks employees in Buffalo, New York who were unlawfully
fired for exercising their right to form a union, as well as seeking a broad nationwide cease-and desist order that would be applicable to all the Employer’s facilities in the United States along with a national posting of the district court’s decision and order at all Starbucks facilities to fully notify employees of their NLRA rights and the protections being afforded by the court’s order. Region 3’s Regional Director Linda M. Leslie states:
“Absent immediate interim relief, Starbucks will achieve its goal, through unlawful means, of irreparably harming the campaign in Buffalo, and sending a clear chilling message to its employees across the country. We are asking the Court to swiftly grant the injunction so that the unlawfully discharged workers can return to work and effectively exercise their right to engage in union activities, including collectively bargain
a union contract.”1, and
WHEREAS, the values of the City of Ithaca include respect for the right to organize unions and for workers to collectively bargain; now, therefore, be it
RESOLVED, That the Ithaca Common Council condemns in the sharpest terms Starbucks’ virulent and brutal anti-union attacks on its own workers, and, be it further RESOLVED, That the Ithaca Common Council demands calls on that Starbucks sign
the Fair Elections Principles, and, be it further RESOLVED, That the City of Ithaca urges the National Labor Relations Board to act promptly to cite Starbucks for its blatant violation of workers' right to organize and thereby demand that Starbucks rescind its store closure, and, be it further
RESOLVED, That the City of Ithaca urges the National Labor Relations Board to: a) recognize the closure of the Ithaca College Avenue Starbucks as an illegal anti-union tactic meant to retaliate against and unlawfully fire Starbucks employees
for exercising their right to form a union, and
b) act promptly to cite Ithaca College Avenue Starbucks for its blatant violation of workers' right to organize, and c) include Ithaca College Avenue Starbucks in the nationwide cease and desist order against Starbucks so that unlawfully discharged workers can return to
work, and
d) demand directs that Starbucks rescind its College Avenue store closure, and
1 NLRB Region 3-Buffalo Files in Federal Court Seeking Nationwide Cease and Desist Order Against Starbucks,
Reinstatement for Seven Workers, and a Bargaining Order | National Labor Relations Board
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be it further
RESOLVED, That the Ithaca Common Council calls upon Starbucks to immediately re-open the College Avenue store, allowing all its workers to return to work, and stop its anti-union practices, and, be it further RESOLVED, That this resolution be sent to National Labor Relations Board Region 3-
Buffalo Regional Director Linda M. Leslie.
Alderperson DeFendini thanked Alderperson Brock and members of the union for assisting with the revised language of this Resolution. He offered the following edits to the legislation:
• Strike the word “massive” in the third Whereas clause
• Strike the word “clearly” in the third to the last Whereas clause
• Strike the words “virulent and brutal” in the first Resolved clause
• Replace the word “demands” with “calls on” in the second Resolved clause
• Replace the word “demands” with “directs” in the fourth Resolved clause,
item (d)
These changes were accepted as Friendly amendments by Alderperson Brock.
Extensive discussion followed on the floor with Common Council members discussing their views on the role of Common Council related to this action, the decisions people make as individuals to support/not support companies based on their values, and
whether this action would be more effective if it was a letter vs. a Resolution.
Alderperson DeFendini reiterated that this action is about following the law. He stated that city constituents are under attack and being bullied by the corporation they work for. The intent of this Resolution is to ensure the law is followed, and to show support for our unionized neighbors.
Alderperson Brock stated that a grievance has been filed with the National Labor Relations Board (NLRB) and this legislation is intended to support that action. She stated that it is not unusual for Common Council to appeal to the body with jurisdiction to request that the law be followed.
Alderperson Mehler agreed that the City could support the workers, but questioned why
Common Council would direct a corporation to do something. Alderperson Brock
clarified that this Resolution asks the NLRB to investigate this situation as they did in Buffalo under similar circumstances.
Alderperson Gearhart stated that he appreciates the modifications made to the original language of the Resolution but noted that he doesn’t want to lose sight of the question
as to whether a Resolution is the right tool for this action vs. a letter signed by the full
Council. He suggested the following wording changes:
• Refer to what the Fair Election Principles are in a Whereas clause to make the second Resolved clause more clear
• Replace the words “Ithaca College Avenue” with “402 College Avenue” in the third Resolved clause items
These changes were accepted as friendly amendments by Alderpersons DeFendini and Brock.
Alderperson Brock explained that given the public outcry and the direct appeal to
Council, she thought that adopting a Resolution would be within Council’s purview. She acknowledged that Common Council sent a letter to Cayuga Medical Center in support of the emergency nurses’ attempt to unionize.
Alderperson Barken voiced concern about the City setting a precedent by supporting
this effort in such a robust manner and asked the City Attorney what the future impacts
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of this action could be. City Attorney Lavine responded that each case the city engages in, is a political choice for Council to make. He doesn’t feel as if one precedent binds the next. He explained that the City has no legal authority to direct a corporation on
how to manage their labor practices; however, the City can urge Federal authorities to
exercise their jurisdiction.
Alderperson McGonigal questioned whether an unanimously signed letter would be more powerful than a Resolution that is not adopted unanimously. Alderperson DeFendini expressed his thoughts that a Resolution is stronger and implies that the City
is taking this issue seriously.
Alderperson Mehler suggested that Council adopt the Resolution and send a letter. He suggested that a Council member reach out to the Tompkins County Legislature to see if they would also be interested in signing the letter.
Motion to Call the Question:
By Alderperson DeFendini: Seconded by Alderperson Cantelmo RESOLVED, That the question be called on the Resolution as edited.
Ayes (9) McGonigal, Nguyen, Brown, Gearhart, Barken, Mehler, DeFendini, Cantelmo, Lewis Nays (1) Brock
Carried
A vote on the Resolution as edited resulted as followed:
Ayes (6) Brock, McGonigal, Nguyen, Brown, DeFendini, Cantelmo Nays (4) Gearhart, Barken, Mehler, Lewis Carried
6.2 Support for Local Waterfront Revitalization Program Funding Request for Improvements to Vehicular and Pedestrian Access and Circulation at the Farmers Market Site
By Alderperson Lewis: Seconded by Alderperson Cantelmo
WHEREAS, The Ithaca Farmer’s (IFM) Market Board of Directors has been working with its members and customers to envision a vibrant and successful Farmer’s Market that will allow them to grow, better serve their customers, and provide opportunity for economic success for their vendor members, and
WHEREAS, as part of their visioning process, the IFM Board of Directors received a grant in 2021 from the New York State Department of State Local Waterfront Revitalization Program (LWRP), with the City of Ithaca acting as the formal grant recipient/project sponsor at no cost to the City, to renovate the parking lot with
improvements which will include accommodating A.D.A. accessibility, better overall
pedestrian access, and a reconfiguration of automobile parking with appropriate surfacing and green amenities, and WHEREAS, as part of the 2021 LWRP grant, the IFM was awarded funding for the
design of improvements to the public space on the west side of the pavilion and the
waterfront edge, and WHEREAS, the IFM is seeking funding for improvements to the waterfront to realign the existing Cayuga Waterfront Trail for better trail experience and function, improve
accessibility between the Ithaca Farmers Market pavilion and the dock on the Cayuga
Inlet, provide improved outdoor performance space for musicians and other performers, remove invasive plantings and the introduce new plantings featuring native species, and stabilize the shoreline with locally available stone blocks, and
WHEREAS, the IFM is planning in the near future to implement the previously funded
renovations to the parking lot, and
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WHEREAS, it has been determined that if the waterfront improvements were implemented at the same time as the parking lot and site renovations, it would cause less site disruption and be more cost-effective, and
WHEREAS, the IFM will undertake pavilion renovations at a future date to be determined and is not seeking funding for pavilion renovations at this time, and WHEREAS, much of the funding distributed by the State of New York happens through
the Consolidated Funding Application, and
WHEREAS, the program most likely to fund this project is the New York State Department of State Local Waterfront Revitalization Program (LWRP) implementation grant, which funds a variety of capital improvements along New York State’s designated
waterways, and
WHEREAS, this program is not open to private entities, but since the City of Ithaca owns the land upon which the pavilion and parking lot are located, the City can act as the applicant on behalf of the IFM, and
WHEREAS, the IFM intends to seek LWRP funding for waterfront construction implementation and construction oversight costs; now, therefore be it RESOLVED, That the City of Ithaca supports IFM’s funding request to the LWRP
program and agrees to act as sponsor for the project for purposes of the grant
application, and, be it further RESOLVED, That the IFM is not seeking any financial support from the City and will provide funding to cover all costs associated with the preparation of the grant
application.
Acting Mayor Lewis explained that the application deadline for this grant is July 29, 2022, so there was not enough time to take this Resolution through the committee process.
Ms. Michele Palmer thanked Common Council for their support to date. She explained
that there is additional grant funding available this year and this project would not be competing against any other city projects. Grant announcements will be made in mid-December.
A vote on the Resolution resulted as follows: Carried Unanimously
NEW BUSINESS: 7.1 Appointment of Common Council Members on Department Head Search Committee By Alderperson Lewis: Seconded by Alderperson Mehler
RESOLVED, That the following proposed nominees be appointed to the Chief of Police
Search Committee as indicated in the chart below:
GEORGE MCGONIGAL 1st WARD
PHOEBE BROWN 2nd WARD ROB GEARHART 3rd WARD
Carried Unanimously MAYOR’S APPOINTMENTS 8.1 Appointment to the Ithaca Urban Renewal Agency By Alderperson Lewis: Seconded by Alderperson Gearhart RESOLVED, That Donna Fleming be appointed to the Ithaca Urban Renewal Agency Board to fill a vacancy with an indefinite term. Carried Unanimously
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8.2 Appointment of Special Committee of Common Council Acting Mayor Lewis announced the creation of a Special Committee of Common Council to further pursue the city-specific recommendations of the Reimagining Public
Safety working group. She has appointed the following Common Council members to
serve on the committee: Alderperson McGonigal, Alderperson Brock, Alderperson Brown, Alderperson Nguyen, and Alderperson Cantelmo. The Chair will be self-selected by the members of the committee. They are charged with returning a report to Common Council within six months.
REPORTS FROM COUNCIL & STAFF Reports of Common Council Liaisons: Southside Community Center Alderperson Brown reported that the Southside Community Center would be hosting a
segment of the Harriet Tubman Freedom Ride on July 21, 2022. There will be over 400
people of color participating in various cycling and non-cycling activities throughout the Finger Lakes area. Alderperson Brown explained that participation in the programs at the Center have
grown and the kitchen requires upgrades. She noted that she would be proposing a
funding request for these improvements. GIAC Board Alderperson McGonigal noted that this year is GIAC’s 50th Anniversary and big
celebration news will be coming soon.
Cayuga Lake Watershed Intermunicipal Organization Alderperson Brock reported that the Cayuga Lake Watershed Intermunicipal Organization is in process of hiring a Watershed Manager. They hope to make a job
offer soon.
Tompkins County Council of Governments (TCCOG) Alderperson Brock reported that the following topics were discussed at the last quarterly meeting:
- Gov. Hochul’s Executive Order 18 calls on Counties to conduct a comprehensive review and develop a plan to identify and confront threats of domestic terrorism. - Downtown Ithaca Alliance Executive Director Gary Ferguson made a presentation on transportation issues related to downtown Ithaca’s priorities and needs. - Community Choice Aggregation – the next committee meeting is on July 20th at 3:00
pm. Discussions will include providing education on electric vehicles and charging
stations and developing a forum to share ideas regarding tax incentives, updating solar laws, and battery energy storage. - Discussions are being held regarding the possibility of county-wide code enforcement and centralizing address assignments across the County.
Motion to Extend the Meeting By Alderperson Mehler: Seconded by Alderperson DeFendini RESOLVED, That the meeting be extended to 10:10 pm. Carried Unanimously
Report of City Attorney: City Attorney Lavine reported that the City has received a decision in the 201 C-Town litigation. Todd Fox, Visum Development, sued the City to invalidate the City’s street
permit fees. The street permit fees were instituted approximately five years ago to
ensure that developers paid a reasonable fee to close public streets for private development construction purposes. The initial Trial Court ruled on behalf of the developer but on appeal, the City prevailed 4-1. The Appellate Division ruled that the street permit fee structure appropriately accounts for the inconvenience to the public for
the duration of the street closure. This is a precedent setting decision.
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Alderperson Mehler announced that the City Administration Committee will be moving to July 13, 2022 due to scheduling conflicts. The Planning & Economic Development Committee meeting will remain on July 20, 2022.
ADJOURNMENT: On a motion the meeting adjourned at 10:05 p.m.
______________________________ _______________________________ Julie Conley Holcomb, CMC Laura Lewis City Clerk Acting Mayor