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HomeMy WebLinkAboutMN-CC-2023-12-06COMMON COUNCIL Voting Record Date: Wednesday, December 6th 2023 Location: City Hall, 108 E. Green Street 3rd Floor, Council Chambers Meeting Called to order: 6:00 P.M. Meeting Adjourned: 10:26 P.M. YouTube Link: https://www.youtube.com/watch?v=xN1O70u37Ew&list=PLfplo_VA57eoynrqxkGvi11vxHlwByjZw Attendance Record of Voting Members Name Present (In Person) Remote Absent / Excused Mayor – Laura Lewis X 1st Ward – Cynthia Brock X 1st Ward – George McGonigal X 2nd Ward – Phoebe Brown X 2nd Ward - Ducson Nguyen X 3rd Ward- Donna Fleming X 3rd Ward – Rob Gearhart X 4th Ward – Jorge DeFendini X 4th Ward - Tiffany Kumar X 5th Ward – Robert Cantelmo X 5th Ward - Kris Haines-Sharp X Total voting members for this meeting 10 Call To Order: Meeting was called To Order at 6:03PM Agenda Item 1.1 Agenda Review YouTube Timestamp: 0:05 Discussion Summary: No Changes, Additions, or Deletions to Agenda. Mayor Lewis congratulated Mayor Elect Cantelmo on his election and extended her thanks to Outgoing Council Members for their years of Service. Agenda Item 1.2 Reports of Municipal Officials YouTube Timestamp: 1:12 Report: Legislator Veronica Pillar provided a short report on the following: • November at the County is Native American Heritage Month • The Home Together Tompkins Plan has been accepted; The Redhouse is out for Sale; Bids are due 12-15-2023 the process is going well. • Progress is being made on the Rapid Medical Response Program. Agenda Item 1.3 Proclamations and Awards YouTube Timestamp: 6:25 1.3a Quarterly Recognition Award- Presented to Mike Bailey from the Building Division who was nominated by Lisa Sperger for going above and beyond. Mike Bailey was recognized for returning a Double Headed Parking Meter and saving the City $5000 by identifying and returning stolen City Property. Blake Cute and Anthony Maggio from the Youth Bureau were nominated by Chief Of Staff Deborah Mohlenhoff for their Community Engagement Activity of Trivia. Blake and Anthony were recognized for their Creativity, Commitment to Engagement, and Willingness to be front and center to enhance the involvement of City Employees at the Employee Recognition Event held on October 5th, 2023. YouTube Timestamp: 12:27 1.3b Pride Of Ownership Award- The Susan Blumenthal Pride of Ownership Award is presented to honor and recognize the following properties that have contributed to the beauty of our city: CAYUGA ADDICTION RECOVERY SERVICES MURAL, THE ITHACAN, EAST STATE/MLK STREET SIDEWALK, 601 HUDSON STREET, MARKETVIEW APARTMENTS. Agenda Item: 1.4 Review and Approval Of Minutes YouTube Timestamp: 32:11 Moved By: Alderperson DeFendini Seconded by: Alderperson Haines-Sharp Discussion Summary: Approval of 11-1-2023 Common Council Meeting Minutes Vote Passed 10-0 Member All In Favor Oppose Abstain Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Donna Fleming X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Kris Haines-Sharp X Petitions and Hearings Of Persons Before Council Agenda Item 2.1 Statements From The Public YouTube Timestamp: 32:35 Discussion Summary: Speaking time has been reduced to 2 Minutes. Those who did not have an opportunity to present their full comments can do so using the City Website Portal. The following members of the public presented their comments to Council on the following Topics: Nathan Sitaraman-Encampment Policy•James Smith- The Election•Mike Perry- Encampment Ban•William Epthimiatos-Board of Public Works & Maintenance•Scott Hiley-Response To Unsanctioned Encampments•Adam Hart-Encampment Ban•Kayla Matos-Encampment Policy•Sarah Curless-Encampment Policy•Jade Brewer- Homeless Encampment Policy•Veronica Pillar-Camping Enforcement Vote• Zah Winn- Support of the adoption of the proposed policy to regulate unsanctioned encampments• Jordan Clemons- Unbroken Promise Initiative Update• Theresa Alt – Unsanctioned Encampments Protocol•Anesti Isufaj-speaking in objection to the Unsanctioned Encampment policy• Naomie Loveless-Encampment Policy Agenda Item 2.2 Privilege Of The Floor- Mayor and Council Response YouTube Timestamp: 1:02:55 Discussion Summary: Mayor Lewis first commented on release of approved funds to UPI The Contract has been issued, Council is waiting on for the UPI to sign and return the Contract. Unsanctioned Encampment Policy issue was addressed by Council, saying the City is Not Criminalizing the Homeless, this Policy is about Land use areas of City Property where Encampments have become dangerous for people living there and people who live near there. Council pointed out that this is “framework” for the plan, the plan will return for incoming Common Council to discuss and make amendments, and there will be more opportunities for the public to comment and engage; members of the public are encouraged to come back and share their thoughts and sentiments. Agenda Item 3 Consent Agenda Items 3.1-3.13 3.1 Controller’s Office – Amend 2023 Authorized Budget for Additional Payment from Cornell– Resolution 3.2 Authorization to Cover Red Accounts – Resolution 3.3 IPD – Approval for Donation of Equipment – Resolution 3.4 GIAC – Amendment to 2023 Authorized Budget for a DOJ COSSAP Grant – Resolution 3.5 HR – Clarification of Managerial COVID Cash – Resolution 3.6 HR – Approval to Disband the Workforce Diversity Selection Review Committee (WDSR) – Resolution 3.7 An Ordinance to Establish the City of Ithaca Ethics Advisory Board 3.8 Approval to Enable City-County Sharing Agreement for Opioid Settlement Funds- Resolution 3.9 Authorization to Install a Historic Marker for Firebrand Books on the Ithaca Commons – Resolution 3.10 DPW – Approval of 2024 Parking Rates – Resolution 3.11 DPW – Approval of East State Street over Unnamed Stream Culvert Replacement Project – Resolution 3.12 DPW – Amend Capital Project #814 for Cass Park Pool Gutter & Liner Project – Resolution 3.13 DPW – Authorize Override of Ithaca Landmarks Preservation Commission conditions on City Infrastructure Project at Fall Creek Drive YouTube Timestamp: 1:33:55 Moved By: Alderperson DeFendini Seconded by: Alderperson Fleming Discussion Summary: No Discussion From Council Vote Passed 10-0 Member All In Favor Oppose Abstain Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Donna Fleming X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Kris Haines-Sharp X 3.1 Amend 2023 Authorized Budget for Additional Payment from Cornell University for MOU WHEREAS, as part of the recently amended Cornell University/City of Ithaca MOU, Cornell sent the City a 2023 Top-off payment in the amount of $2,469,228, and WHEREAS, some of the top-off funds related to the old MOU and 20% of the remaining funds need to be restricted to future mutually agreed upon projects near and around Cornell, and WHEREAS, the City had several higher than anticipated expenses in 2023 for increased contractual labor costs related to Fire, Executive Association, IPD and DPW, as well as higher costs for executive searches for various staff hiring and Green Garage rental expenses; now, therefore, be it RESOLVED, That Common Council hereby amends and directs the City Controller to make various Departmental budget amendments for 2023, to account for the unanticipated higher costs, as follows: Increase Revenue Account A0001-2705 $2,424,736 Increase Revenue Account A3410-2705 $44,492 Increase Appropriation Accounts: A1430-5435 $162,250 A5010-5435 $479,015 A5651-5435 $339,760 Increase various labor accounts and related fringe accounts as needed for DPW, IPD, Executive Association and Fire contractual changes $1,488,203 Carried Unanimously 3.2 Authorization to Cover Red Accounts RESOLVED, That the City Controller be empowered to make transfers within the 2023 budget appropriations, as needed, for the remainder of the 2023 Fiscal Year. Carried Unanimously 3.3 IPD- Approval of Donation for Equipment WHEREAS, The Ithaca Police Department (IPD) was recently notified that they will receive a $5,000 donation from the Park Foundation for 2023, and WHEREAS, the IPD has recommended the funds be used to purchase Trauma Gear including quick clot, tourniquets and associated carrying pouches; now, therefore, be it RESOLVED, That Common Council hereby accept the $5,000 donation from the Park Foundation for the Purchase of Trauma Gear, and be it further RESOLVED, That the Common Council thanks the Park Foundation for their generous donation to the City’s Police Department, and be it further RESOLVED, that the Common Council hereby amends the 2023 Authorized Police Department Budget as follows: Increase Revenue Account A3120-2705-5001 $5,000 Increase Appropriation Account A3120-5477-5001 $5,000 Carried Unanimously 3.4 GIAC – Amendment to Budget for a DOJ COSSAP Grant WHEREAS, the City applied for and received a Department of Justice COSSAP Grant from the U.S. Department of Justice in the amount of $900,000, and WHEREAS, the grant will run until September 30, 2023, and will provide a Comprehensive Opioid, Stimulant and Substance Abuse Site‐Based Program for the City of Ithaca’s LEAD Program; now, therefore, be it RESOLVED, That Common Council hereby amends the 2023 Authorized GIAC Budget to account for the $900,000 COSSAP Grant from the U.S. Department of Justice as follows: Increase Revenue Account: A7311‐4089 Federal Aid ‐ Other $ 900,000 Increase Appropriations Accounts: A7311‐5110‐01170 Staff Salary $ 192,625 A7311‐5425‐01170 Office Supplies $ 1,800 A7311‐5430‐01170 Fees $ 144,900 A7311‐5435‐01170 Contracts $ 491,747 A7311‐5445‐01170 Travel $ 26,140 A7311‐9030 Social Security $ 14,736 A7311‐9060 Hospital & Medical $ 28,052 Carried Unanimously 3.5 Resolution – Management COVID Cash Whereas, at their November 1, 2023 meeting, Common Council authorized management COVID cash of $2,250 to acknowledge the hard work and leadership of managerial staff throughout the pandemic, and Whereas, there has been confusion regarding the interpretation of the qualifying terms for the cash payment, now, therefore, be it Resolved, that managerial staff who were employed by the City of Ithaca throughout the entire period March 1, 2020-May 11, 2023, and who have not yet received a COVID cash payment through previous membership in a bargaining unit, shall be entitled to receive COVID cash of $2,250, and be it further Resolved, that temporary furloughs, maternity leaves, and similar short-term leaves shall not disqualify a managerial employee from receiving the payment, provided that the managerial employee was otherwise employed by the City of Ithaca throughout the entire period March 1, 2020-May 11, 2023, and be it further Resolved, that former City Clerk Julie Holcomb, former Director of Planning and Development JoAnn Cornish, and former Fire Chief Charles T. Parsons shall also be entitled to a $2,250 managerial COVID cash, and be it further Resolved, that this resolution shall supersede the resolution on this topic adopted by the Common Council on November 1, 2023. Carried Unanimously 3.6 Resolution to Disband the Workforce Diversity Selection Review Committee (WDSR) Whereas, the Workforce Diversity Selection Review Committee (WDSR) was established to ensure that hiring practices are free from unintended barriers and biases, particularly with regard to members of protected classes as well as members from an underrepresented group in the department hiring, and Whereas, the WDSR is comprised of the Mayor, the Director of Human Resources, the Council liaison to the Workforce Diversity Advisory Committee, and the Chief of Staff, and Whereas, over the years the committee has served as a means for reflection and education at the back end of the process and it has been a long-time desire to be intentional on the front end of our hiring and forecasting process, and Whereas, the Director of Human Resources requested funding to hire an Equity Talent Acquisition Specialist in the 2023 budget and Common Council approved the request. This position was recently filled and will work closely with the Director o f Human Resources and hiring authorities to ensure an inclusive process in the spirit of the City’s newly passed Commitment to Equity and Justice statement, and Whereas, as a result, the Director of Human Resources in consultation with the Workforce Diversity Advisory Committee recommends that the WDSR be disbanded, now therefore be it Resolved, that hiring managers will work with the Director of Human Resources or their designee to develop inclusive outreach and hiring practices that ensure equity, and be it Resolved, that the City Manager will evaluate progress using key indicators established by department/division heads annually, now therefore be it Resolved, that the Workforce Diversity Selection Review Committee is hereby disbanded. Carried Unanimously 3.7 An Ordinance to Establish the City of Ithaca Ethics Advisory Board WHEREAS, in or about April 2022, a request for an advisory opinion was �iled with the Tompkins County Ethics Advisory Board (“TCEAB”) concerning certain actions and/or omissions of various City of�icials and other persons (the “Request”); and WHEREAS, the TCEAB’s investigation of the Request made evident the desirability for the City to have its own, independent, ethics advisory board to issue advisory opinions concerning actual and potential con�licts of interest and other matters encompassed by Article 18 of the New York General Municipal Law and the City’s Code of Ethics as applied to City of�icials and employees; and WHEREAS, Common Council now desires to establish such an independent ethics advisory Board; now therefore Ordinance 2023-____ An Ordinance to Establish the City of Ithaca Ethics Advisory Board BE IT ORDAINED by the Common Council of the City of Ithaca as follows: Section 1. Legislative �indings, intent, and purpose. The Common Council makes the following �indings: 1.Chapter 55 of the City Code speci�ies a Code of Ethics to be followed by of�icials andemployees of the City of Ithaca.2.As Chapter 55 of the City Code applies only to of�icials and employees of the City, it isbest for advisory opinions concerning its interpretation and application to be issuedby an independent ethics advisory board established by the City, whose membersare appointed by the Mayor and Common Council.3.A signi�icant disadvantage to the City of not having an independent ethics advisoryboard is that matters arising under the City’s Code of Ethics are referred to theTompkins County Ethics Advisory Board. Common Council therefore deems it necessary and desirable as the intent and purpose of this Ordinance to establish an independent ethics advisory board which will have exclusive local authority to issue advisory opinions concerning application of Article 18 of the General Municipal Law, Chapter 55 of the City Code, and related City policies, to of�icials and employees of the City. Section 2. Amendments to the City Code. This Section 2 amends only the following provisions of the City Code, with the remainder of the provisions unchanged. 2 (a) The following subpart “D” is added to §55-4 (titled Annual Disclosure) of the Ithaca City Code: D. The City Clerk shall con�irm �iling by all required �ilers and forward the �iled statements to the City Attorney. Requests for determination regarding actual or potential con�licts arising from the �ilings may be referred by the City Attorney to the Ethics Advisory Board. If the City Attorney determines that any required �ilers have not �iled a correctly completed disclosure form the City Attorney shall report this to the Mayor, or the Acting Mayor if the Mayor is in default of �iling. (b) The following §55-14, to be titled Ethics Advisory Board, is added at the end of Chapter 55 of the City Code: §55-14 Ethics Advisory Board. A. Membership and Appointment. There is hereby established the Ethics Advisory Board (“Board”). The Board shall consist of �ive (5) members, a majority of whom shall not be of�icers or employees of the City. One (1) member of the Board shall be an elected or appointed of�icer or employee of the City. The members of the Board shall be appointed by the Mayor subject to approval by a majority vote of the Common Council. The Chair of the Board shall be selected from the members of the Board by the Mayor and upon selection shall remain Chair for the duration of such member’s term unless sooner replaced as Chair by the Mayor in the Mayor’s discretion but only on the recommendation of a majority vote of the Board. Board members shall receive no compensation for their services. B. Quorum. Three (3) members of the Board shall constitute a quorum, with the vote of four (4) members required for action by the Board, which may proceed despite a recusal or vacancy pending a substitute appointment. C. Quali�ications. Members of the Board shall be chosen for their independence, integrity, civic commitment, and high ethical standards. D. Term. The term of of�ice of Board members shall be �ive (5) years and shall run from January 1 through December 31, except for members initially appointed to the Board, who shall serve as follows: (i) one (1) shall serve from date of appointment through December 31 of the year following the year of appointment; (ii) two (2) shall serve from date of appointment through December 31of the third year following the year of appointment; and (iii) two (2) shall serve from date of appointment through December 31 of the �ifth year following the year of appointment. E. Recusals and Vacancies. In the event of the recusal of a member of the Board from a particular matter, a replacement shall be appointed for that member for the matter in question in the same manner as appointments are generally made; the recusing member shall, however, continue serving on the Board for other matters that may 3 come before it. In the event of a vacancy on the Board, the vacancy shall be �illed for the unexpired portion of the term in the same manner as the original appointment. In the case either of a recusal or vacancy, the replacement for the recused or departing member shall be brought before the Common Council for consideration no later than the Common Council’s second meeting following the recusal or vacancy. F. Removal. A member of the Board member may be removed from the Board in the same way the member was appointed, after written notice and opportunity for reply. Grounds for removal shall be substantial neglect of duty, gross misconduct in of�ice, inability to discharge the powers or duties of of�ice, or violation of this chapter. This paragraph shall not apply to designation of someone to replace the Chair in the event that the Chair shall remain on the Board thereafter. G. Responsibilities and Authority. 1. Jurisdiction. The jurisdiction and authority of the Board shall in all respects be limited to rendering advisory opinions and reports concerning of�icers and employees of the City on subjects set forth in Article 18 of the General Municipal Law or this Code of Ethics. 2. Bylaws and Rules of Procedure. The Board may adopt bylaws for its governance and rules of procedure for handling matters that may come before the Board for its consideration. Such bylaws and rules of procedure shall not expand the jurisdiction of the Board or provide it with any power or authority at variance with Article 18 of the General Municipal Law or this Chapter. 3. Counsel. The Board shall in conducting its affairs have the legal advice of the City Attorney or, should the City Attorney determine the need due to con�lict or otherwise, such outside counsel as retained by the City Attorney. 4. Meetings. a. Meetings of the Board may be called on at least �ive (5) working days’ written notice (which may be delivered via email, fax, or in any other reasonable manner requested by a member of the Board) by either the Chair of the Board or a majority of its members. b. The Board shall meet at least once a year during the month of April during which time the Board shall, at minimum, (i) review the annual disclosure statements �iled by elected of�icials pursuant to §55 of this Chapter and any con�licts referred to it by the City Attorney pursuant to §55-4(D), (ii) review the attestations that have been submitted by of�icials and determine if any are not timely �iled or are incomplete, (iii) determine whether it desires to obtain additional information from any �iler. 4 c. The Chair shall convene a meeting of the Board within thirty (30) days following its receipt of a written complaint and/or written request for an advisory opinion. 5. Requests for Advisory Opinions and Complaints. Any of�icer or employee of the City may submit a written request for an advisory opinion on any subject covered by Article 18 of the General Municipal Law, this Code, and related City policies. The foregoing may include a request for an advisory opinion on a proposed transaction or course of conduct and/or a complaint alleging violation of Article 18, this Code, or related City policies. A request for an advisory opinion must be signed by the of�icer or employee requesting it and include contact details for the complainant if available, including physical address (business or home address or other designated mailing address) and one or more means of electronic communication (e.g., phone number, email address). In addition to the foregoing, requests shall be submitted in accordance with the any other procedures speci�ied in any bylaws or rules of procedure the Board may adopt. 6. Investigations and Form of Opinions, Records. a. Upon receipt of a properly �iled request for advisory opinion over a matter within the Board’s jurisdiction, the Board shall have the power and duty to conduct an investigation necessary to carry out the provisions of this Chapter. b. In conducting investigations, the Board may interview witnesses informally, request documents from witnesses and third parties, administer oaths, and take sworn testimony. c. Advisory opinions shall be rendered in writing and shall set forth in reasonable detail the facts and legal grounds for the conclusions set forth therein. d. All requests for advisory opinions, the dispositions thereof, and the records received or created by the Board in connection with its investigation shall be indexed and retained on �ile by the Board. e. The records of the Board which shall be available for public inspection are those which are subject to mandatory disclosure pursuant to Article 6 of the Public Officers Law (also known as the Freedom of Information Law), by other state or federal law or �inal court order, or by this Chapter. f. In addition to such other powers conferred by this Chapter, the Board may recommend to the of�icial or the employee of the City a voluntary resolution of any con�lict of interest, complaint, or other matter coming before the Board. 5 7.Review of Code of Ethics. The Board shall from time to time review this Code ofEthics and recommend to the Common Council any changes that it deemsappropriate. 8.Annual Review of Ethics Training. The Board shall annually confer with theDirector of Human Resources and review the training provided to employees asto ethics and provide any suggestions deemed appropriate. 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 in accordance with law upon publication of notices as provided in the Ithaca City Charter. Carried Unanimously 3.8 Resolution to Enable City-County Sharing Agreement for Opioid Settlement Funds WHEREAS, the opioid epidemic has had a devastating impact on our community; and WHEREAS, the City has received and will receive financial settlements from the New York State Office of Addiction Services and Supports (OASAS) and other entities, including various defendants across multiple cases, as a result of legal actions resolved against pharmaceutical manufacturers, distributors, pharmacies and other supply chain participant entities related to the opioid crisis (collectively, as to City-designated funds, the “Opioid Settlement Funds”); and WHEREAS, Tompkins County is receiving parallel financial settlements directed to the County, but otherwise as described in the preceding paragraph; and WHEREAS, in February of 2023 the County and City were notified that the City would receive certain funds as a pass-through from Tompkins County Whole Health department as the Local Government Unit (LGU) through the Office of Addiction Services and Supports (OASAS); and WHEREAS, as part of these settlement agreements, the funds received will be directed towards New York State’s efforts for treatment, recovery, harm reduction and prevention efforts; and WHEREAS, the City and County recognize the need to collaborate in the distribution of these settlement funds to effectively address and combat the opioid epidemic within our jurisdictions; and WHEREAS, the County is better equipped to identify uses and implement applicable services than the City; and WHEREAS, the County has completed a robust process including public engagement and has identified several strategies that fall within the guidelines for approved use of funds; and WHEREAS, several of these strategies will also impact city residents; NOW, THEREFORE, BE IT: RESOLVED that the Mayor, on the advice of the City Attorney, is authorized to execute an MOU governing the sharing of opioid settlement funds with Tompkins County in a manner substantially similar to the attached draft. Carried Unanimously 3.9 RESOLUTION: Authorization to Install a Historic Marker for Firebrand Books on the Ithaca Commons WHEREAS, Ithaca’s rich history is represented in its built environment, and the preservation of its historic resources connects our residents to their collective past, helps to establish a sense of place, and expresses our community values, and WHEREAS, the City designates historic buildings and resources as one way of highlighting, promoting, and protecting their value for this and future generations, and WHEREAS, as recommended in Plan Ithaca, the City’s comprehensive plan, the City will “erect signage within local historic districts and at individually-designated landmarks explaining their historic context and significance,” and WHEREAS, the Andrus Block, Home Dairy and Firebrand Books Building, 141-143 East State Street, was designated by Common Council as an individual local landmark under Section 228-4 of the Municipal Code on October 5, 2022, and WHEREAS, the Andrus Block, Home Dairy and Firebrand Books Building is notably significant as the business headquarters of Firebrand Books, a nationally recognized and award winning publisher of lesbian and feminist texts, from 1984 to 2000. Founded by Nancy Bereano, Firebrand Books grew out of the Second Wave Feminist, Gay Liberation, and Women in Print movements of the 1970 and 1980s and became “one of the most prestigious lesbian, gay, and feminist publishers in the world,” and WHEREAS, the Andrus Block, Home Dairy and Firebrand Books Building is the first property in New York State outside of New York City to be locally designated for its association with LBGTQ history, and WHEREAS, the building was determined by the New York State Historic Preservation Office to be individually eligible for listing on the State and National Register of Historic Places for its important role in national LBGTQ history, and WHEREAS, the Statement of Significance for the State and National Register of Historic Places-listed Ithaca Downtown Historic District, which includes the Andrus Block, Home Dairy and Firebrand Books Building, will be amended in the coming months to include this important history, and WHEREAS, in recognition of the extraordinary history and significance of the building, Friends of Firebrand Books would like to install a historic marker on the Ithaca Commons, now therefore be it RESOLVED, that the City of Ithaca wholeheartedly supports the installation of a historic marker commemorating the history and significance of the building, and be it further RESOLVED, the Ithaca Common Council authorizes the installation of a cast-iron, pole mounted historic marker in the planting area in front of 150 East State Street, and be it further RESOLVED, that this authorization is made in response to the extraordinary history of the Andrus Block, Home Dairy and Firebrand Books Building and the unique circumstances by which the proposed marker location was selected, and be it further RESOLVED, that the Common Council's actions in response to the above noted request do not establish a process for reviewing and authorizing similar requests in the future. Carried Unanimously 3.10 2024 Parking Rates – Resolution WHEREAS, Common Council establishes parking rates for all municipal parking facilities and the non-profit Cayuga Street Garage in consideration of budgeted parking expenses and revenue projections, and WHEREAS, the refurbished and expanded 357-space Green Street Garage opened in 2023 and requires a $1.6 million annual payment to cover construction costs, and WHEREAS, the adopted 2024 budget includes a $500,000 capital project for Seneca Street Garage repairs, and WHEREAS, the managers of the privately-managed Cayuga Street Garage recommend incremental price increases to move toward parity with the City-owned downtown garages to generate sufficient revenues to preserve the service life of the facility constructed in 2005 without requesting increased financial support from the City, and WHEREAS, the trailing 12-month Consumer Price Index (CPI) increased by 3.7% (CPIU, northeast region, September-to-September), and WHEREAS, while no changes are recommended to hourly parking rates at this time, though hourly parking rates are under review for a possible mid-year revised rate proposal, and WHEREAS, the following chart contains the entire rate structure for all City-controlled parking rates within the City, now, therefore, be it RESOLVED, That Common Council hereby adopts the proposed 2024 parking rates as follows in the attached table; and, be it further, RESOLVED, That all rates shall go into effect January 1, 2024, and shall remain until Common Council directs otherwise. Carried Unanimously 3.11 East State Street over Unnamed Stream Culvert Replacement Project- Resolution WHEREAS, a project for East State Street over Unnamed Stream Culvert Replacement Project, P.I.N. 375731 (“the Project”) is eligible for reimbursement of qualified costs from Bridge NY funding that calls for the post- reimbursement apportionment of the qualified costs to be borne at the ratio of 100% Bridge NY funds and 0% non-Bridge NY funds, and WHEREAS, the City of Ithaca will design, let, and administer all phases of the Project. WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100% of the costs of Engineering, ROW and Construction work for the Project or portions thereof. Now therefore, the Common Council, duly convened does herby RESOLVED, that the Common Council hereby approves the Project; and it is hereby further RESOLVED, that the Common Council hereby authorizes the City of Ithaca to pay in the first instance 100% of the cost of Engineering, ROW, Scoping, Preliminary, and Final design, and Construction work for the Project thereof; with the understanding that qualified costs will be reimbursed from Bridge NY funding; and it is further RESOLVED, that the sum of $1,088,750 is hereby appropriated from the issuance of Serial Bonds from newly established CP #928 with later repayment from Bridge NY Funds and made available to cover the cost of participation in the above phase of the Project; and it is further RESOLVED, that the Common Council of the City of Ithaca hereby agrees that the City of Ithaca shall be responsible for all costs of the Project, including costs which exceed the amount of reimbursement available from the NY Bridge Funding awarded to the City of Ithaca, and it is further RESOLVED, that in the event the costs of the Project exceed the amount appropriated above, Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the Engineering staff and/or New York State Department of Transportation (NYSDOT) thereof, and it is further RESOLVED, that the Common Council hereby agrees that City of Ithaca hereby commits that construction of the Project shall begin no later than twenty-four (24) months after award and the construction phase of the Project shall be completed within thirty (30) months; and it is further RESOLVED, that the Mayor of the City of Ithaca of the County of Tompkins be and is hereby authorized to sign all necessary Agreements, certifications, or reimbursement requests with NYSDOT for State Aid and/or Bridge NY funding on behalf of the City of Ithaca and the Superintendent of Public Works is authorized to sign all necessary construction documents, contracts, certifications and reimbursement requests, in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s funding of the Project costs, and it is further RESOLVED, that the Superintendent of Public Works be and is hereby authorized to administer the above project, and it is further RESOLVED, that the City of Ithaca will be responsible for all maintenance of the Project; and it is further RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and it is further RESOLVED, That this Resolution shall take effect immediately. Carried Unanimously 3.12 A Resolution to Amend Capital Project #814 for Cass Park Pool Gutter & Liner Project WHEREAS, Capital Project #814 was established in 2015 and amended in the 2022 budget to replace the original 1970s Cass Park Pool surface and gutter, and WHEREAS, Common Council has approved this project over the years for a total authorization of $1,378,700 in order to fund, in various phases, the design and construction replacement for the Cass Park Pool liner, gutter, pool ADA accessibility equipment, various operational equipment, leaving a current balance of authorization of $2,556 and WHEREAS, on Dec 21, 2022, the City of Ithaca entered into a construction contract with the qualified low-bidder, Patterson-Stevens, Inc., to do the Cass Park Pool liner and gutter project which is funded primarily by the American Rescue Recovery Act (ARPA), and WHEREAS, during construction a number of additional expenses have occurred once the original gutter was uncovered that necessitate immediate attention while a contractor is mobilized and there are cost savings to addressing these repairs now verse paying for more expensive repairs in the future, and WHEREAS, the Ithaca Youth Bureau operates and maintains the Cass Park pool and Engineering staff recommends the following list of necessary repairs: • Repairs to plug ground water infiltration $ 2,500 • Full concrete deck removal $ 75,000 • Safety update to pumphouse electrical $ 9,000 • Engineering design services $ 7,500 • Replacement of concrete deck $ 150,000 • Pool plumbing under the deck $ 150,000___ $ 394,000 Sum WHEREAS, Engineering staff has vetted and will continue to value-engineer the above repair estimates in a timely manner to allow for the 2024 pool season opening, and the budget increase will enable for construction administration, inspection, material testing and a construction contingency; now, therefore be it RESOLVED, That Common Council hereby amends Capital Project #814 by $394,000 for the project, bringing the total authorization to $ 1,770,700; and, be it further RESOLVED, That funds needed for said amendment shall be derived from a combination the issuance of Serial Bonds and ARPA funds, and be it further RESOLVED, Common Council hereby authorizes the Superintendent of Public Works to execute contracts with the low bidders for the approved Cass Park Pool Liner & Gutter project. Carried Unanimously 3.13 Authorize override of Ithaca Landmarks Preservation Commission conditions on City infrastructure project at Fall Creek Drive pursuant to City Code § 228-12(B) WHEREAS, a project for new and replacement sidewalk located along the 300 block of Fall Creek Drive (“the Project”) was approved for design funding in 2018 by Common Council and is located within the designated Cornell Heights Historic District, and WHEREAS, on May 18, 2021 the City of Ithaca Department of Public Works (“DPW”) received a Certificate of Appropriateness from the Ithaca Landmarks Preservation Commission (“Commission”) for the project (which includes ancillary improvements to curbing, drainage, asphalt, signs, and 227 feet of guiderail), approved on the condition that the “guiderail shall have a box profile and shall be powder-coated or painted green”, and WHEREAS, in consultation with its design engineers, DPW determined that the Commission-specified guiderail would not provide adequate safety protection due to the proximity of the gorge to the roadway, and accordingly directed the installation of a standard W-beam guiderail on September 1, 2023 on public safety grounds pursuant to City Code §228-13(D), and WHEREAS, the estimated cost of painting the standard guiderail green is $30,000,double the cost of installation of unpainted W-beam guiderail, and WHEREAS, the authorized budget for the Project is insufficient to cover the expense of painting, and WHEREAS, City Code § 228-12(B) provides that “If the cost of an action required by the Commission would exceed by 20% or more the cost of the action if not regulated by the Commission, the Common Council reserves the right to determine whether compliance with the Commission's requirements for that action are prudent and feasible in light of potentially competing public interests. Should Common Council determine, upon due deliberation, that such compliance would not be prudent and feasible, the action may proceed as though it were not regulated by the Commission”; now, therefore, be it RESOLVED, that the Common Council finds that compliance with the Commission’s requirements is not prudent and feasible in light of competing public interests; namely, the Common Council finds that allocating $30,000 in additional taxpayer funds for the aesthetic enhancement of 227 feet of guardrail would not be prudent or feasible in light of competing Citywide funding needs for higher-priority infrastructure projects, staffing, and other budgetary requirements; and be it further RESOLVED, that the Common Council, pursuant to City Code § 228-12(B), authorizes the Department of Public Works to proceed as though the installation of the guardrail in connection with the Project were not regulated by the Commission. Carried Unanimously Agenda Item 4 City Administration Committee Item 4.1 IPD- Authorization To Create City-County CARE Team MOU YouTube Timestamp: 1:34:09 Moved By: Alderperson Cantelmo Seconded by: Alderperson Brock Discussion Summary: Alderperson Brown asked for clarification; Alderperson Cantelmo and City Attorney elaborated on MOU, clarifying this position is Mental Health Specific. Vote Passed:8-0 Member All In Favor Oppose Abstain Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Donna Fleming X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Kris Haines-Sharp X 4.1 Resolution to Authorize City-County CARE Team MOU WHEREAS, Tompkins County has provided funding for a licensed professional clinician position for the purpose of establishing a piloted law enforcement and mental health co-response team in the adopted 2023 budget; and WHEREAS, in order to establish a co-response team, the Ithaca City Police Department and Mental Health Services of Tompkins County Whole Health seek to establish the Crisis Alternative Response and Engagement (CARE) Team and its policies and procedures; and WHEREAS, the City and County endeavor and agree to, whenever possible in the best interest of the public, and consistent with the Law Enforcement agencies’ policies and procedures, preempt circumstances requiring the arrest, possible incarceration, or hospitalization of people suffering from mental illness, substance use disorders and/or those who have special needs, to facilitate their referral to community based organizations, to provide resources and to effectively link these individuals to appropriate mental health or substance use treatment in the community through the implementation of the Crisis Alternative Response and Engagement (CARE) Team; NOW, THEREFORE, BE IT: RESOLVED that the Mayor, on the advice of the City Attorney, is authorized to execute an MOU establishing and governing a City-County CARE Team in a manner substantially similar to the attached draft. Carried Unanimously 10-0 Item 4.2 Local Law Entitled City of Ithaca Room Occupancy Tax YouTube Timestamp: 1:39:25 Moved By: Alderperson Cantelmo Seconded by: Alderperson Gearhart Discussion Summary: Roll Call Vote. No Discussion. Alderperson Cantelmo pointed this is a Reauthorization, renews Every 3 years. There have been no changes. Vote Passed: 10-0 Member All In Favor Oppose Abstain Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Donna Fleming X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Kris Haines-Sharp X 4.2 Local Law 2023 A Local Law entitled the “City of Ithaca Room Occupancy Tax Reauthorization.” WHEREAS, on February 5, 2020, Common Council adopted a resolution stating the City’s “commitment to pursue a City of Ithaca hotel occupancy tax and commitment to provide a shared financial guarantee with Tompkins County”, and WHEREAS, on June 3, 2020, Common Council adopted a resolution requesting that the NY Senate and Assembly enact the home rule legislation submitted by Assemblywoman Barbara Lifton and Senator Tom O’Mara to enable the City to implement a hotel occupancy tax; and WHEREAS, the City of Ithaca hotel tax legislation passed the Assembly and Senate in July 2020, and in December 2020, was signed into law as part of the state tax code: Article 29, Part 1, Subpart A, Section 1202- GG*2 “Hotel or motel taxes in the city of Ithaca;” and WHEREAS, pursuant to Tax Law 1202-GG, on February 24, 2021, the City of Ithaca duly adopted Local Law 2021-5, amending the Ithaca City Code to create Chapter 105,Room Occupancy Tax, which imposed a room occupancy tax for a three-year period beginning April 1, 2021, and WHEREAS, on April 27, 2022, the City of Ithaca duly adopted Local Law 2022-01,making certain amendments to Chapter 105, and WHEREAS, Tax Law 1202-GG(11) provides that a local law may provide for the imposition of a hotel or motel tax for a period of time no longer than three years from the effective date of its enactment, and further provides that a new local law may be adopted and enacted upon the expiration of the prior local law, and, WHEREAS, Local Law 2021-05 had an effective date of February 26, 2021, the date upon which it was filed with the New York Department of State, now, therefore, Local Law No. 2023-__ BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Findings, Intent, and Purpose. Pursuant to Tax Law 1202-GG, the City of Ithaca is authorized to adopt local laws relating to the implementation and assessment of tax on persons occupying hotel or motel rooms in the City of Ithaca. The Common Council makes the following findings: A. The assessment of a City room occupancy tax has supported the construction and operation of the conference center. B. Pursuant to the state enabling legislation, the City is authorized to charge up to 5% ad valorem tax on overnight accommodations. Such funds are earmarked for the conference center, with allowances for the City to retain up to 4% of such revenue for administration of the local law. C. Reauthorizing the room occupancy tax is critical to financing and maintaining the conference center. Section 2. Reauthorization of Room Occupancy Tax The City of Ithaca Room Occupancy Tax codified at Chapter 105 of the Ithaca City Code, implemented pursuant to Local Law 2021-05 and amended pursuant to Local Law 2022-01, is hereby reauthorized for an additional three-year period from the effective date of this Local Law. 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 Date. This Local Law shall take effect upon filing in the office of the Secretary of State, and pursuant to the requirements of enabling legislation, this local law shall be in effect for three years from the effective date of its enactment. Upon expiration of this local law, another local law may be enacted to take its place as provided by Tax Law 1202-GG. Roll Call Vote Brock – Aye, McGonigal-Aye Brown-Aye, Nguyen-Aye Flemin-Aye, Gearhart-Aye DeFendini-Aye, Kumar- Aye Cantelmo-Aye, Haines-Sharp-Aye Carried Unanimously- 10-0 Item 4.3 City Controller’s Report YouTube Timestamp: 1:43:04 Report: Report presented by City Controller Steve Thayer. Sales Tax- Budgeted for $17,108,000 and $14,471,000 has been collected to date, ten more Collections of Sales Tax to go which will collected into early January; Parking Revenue- there has been slow improvements, the city is running below budget, $9,000,000 has been collected to date. Lingering Impacts of the Pandemic continue to have a negative on Parking Revenue. Building Permit- Budgeted for $1,320,000 and collected $1,700,000. CPI for 2023 is at 4.3 %. Total Pension Bill for 2023 is $5,227,000. Room Tax Collection- Collected $1,712,000 and have one quarter left, budgeted for $2,300,000 exceeding the Room Tax Collection since 2021. Those are helping to fund the Conference Center. The Mortgage Tax Revenue is down from 2022. City Controller Steve Thayer thanked the outgoing Council Members and Mayor Lewis for their hard work and dedication to the City. Mayor Lewis encouraged colleagues and neighbors to shop locally as it supports our local businesses, city workers, and Sales Tax. Agenda Item 5 Planning and Economic Development Committee Item 5.1 2024 Annual Common Council Concurrence- Lead Agency-Site Plan Review Projects YouTube Timestamp: 1:53:17 Moved By: Alderperson Gearhart Seconded by: Alderperson Brock Discussion Summary: No Discussion from Council. Vote Passed: 9-1 Member All In Favor Oppose Abstain Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Donna Fleming X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Kris Haines-Sharp X 5.1 2024 Annual Common Council Concurrence that the City of Ithaca Planning and Development Board be Lead Agency in Environmental Review for Site Plan Review Projects for which the Common Council is an Involved Agency Resolution WHEREAS: 6 NYCRR Part 617 of the State Environmental Quality Review Law and Chapter 176.6 of the City Code, Environmental Quality Review, require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, State Law also specifies that when an agency proposes to directly undertake, fund or approve a Type I or Unlisted Action undergoing coordinated review with other involved agencies, it must notify them that a lead agency must be agreed upon within 30 calendar days of the date that the Environmental Assessment Form (EAF) or draft EIS was transmitted to them, and WHEREAS, projects submitted to the Planning Board for Site Plan Review and Approval, at times involve approvals or funding from Common Council, making Council an involved agency in environmental review, and WHEREAS, in accordance with the State Environmental Quality Review Law and the City of Ithaca Environmental Quality Review Ordinance, involved agencies are provided with project information and environmental forms for their review, as well as all environmental determinations, and WHEREAS, Common Council did consent to the Planning & Development Board acting as Lead Agency in environmental review for site plan review projects for which Common Council has been identified as an Involved Agency since 2015, and WHEREAS, in order to avoid delays in establishing a Lead Agency and to make the environmental review process more efficient, it is desirous to continue the agreement in which the Planning Board will assume Lead Agency status for such projects; therefore be it RESOLVED, that Common Council does hereby consent to the Planning & Development Board acting as Lead Agency in environmental review for site plan review projects for which Common Council has been identified as an Involved Agency through December 31, 2024; and, be it further RESOLVED, that for any future project Common Council may withhold or withdraw its consent should it so desire. Carried 9-1 (McGonigal) Brock (McGonigal) Brown Nguyen Fleming Gearhart DeFendini Kumar Cantelmo Haines-Sharp Agenda Item 6 New Business/Member Filed Item 6.1 Executive Session YouTube Timestamp: 1:5:11 Moved By: Alderperson Cantelmo Seconded by: Alderperson Haines-Sharp Discussion Summary: Motion to Enter Executive Session to discuss matters leading to the appointment of a particular person. Vote Passed: 10-0 Member All In Favor Oppose Abstain Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Donna Fleming X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Kris Haines-Sharp X Motion To Exit Executive Session with 3 Resolutions YouTube Timestamp: 3:33:32 Moved By: Alderperson Cantelmo Second By: Alderperson Nguyen Discussion Summary: Coming out of Executive Session with 3 Resolutions. City Attorney pointed out it is not required to “Exit Executive Session with a Motion and Vote. Council proceeded to move forward with Resolutions. Vote Passed: 10-0 Member All In Favor Oppose Abstain Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Donna Fleming X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Kris Haines-Sharp X Item 6.2 Appointment of City Manager YouTube Timestamp: 3:34:13 Moved By: Alderperson Cantelmo Seconded by: Alderperson Fleming Discussion Summary: No Further Discussion From Council Vote Passed: 9-1 Member All In Favor Oppose Abstain Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Donna Fleming X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Kris Haines-Sharp X 6.2 Resolution Appointing City Manager WHEREAS, on November 3, 2021, the Common Council passed Local Law No. 2022 – 07 and an accompanying ordinance, setting the City on course to transition from a Mayor-Council form of government to a Council-Manager form of government; and WHEREAS, on November 8, 2022, the voters of the City overwhelmingly approved, upon referendum, that local law and its creation of the position of City Manager; and WHEREAS, on September 6, 2023 and October 4, 2023, respectively, the Common Council approved a template employment agreement for the City Manager and adopted a local law further identifying the duties and responsibilities of the City Manager; and WHEREAS, all of the foregoing steps towards the transition to a Council-Manager form of government take effect on January 1, 2024; and WHEREAS, the Search Committee for City Manager (the “Committee”), with the assistance of Ian Coyle of Pracademic Partners, identified two finalists who appeared for consideration by the Common Council for appointment as the City’s first City Manager; and WHEREAS, members of the Common Council interviewed each finalist in meetings open to the public held on November 8 and 13, 2023; and WHEREAS, the Common Council thereafter deliberated in depth over the finalists and designated a preferred candidate with whom the City would negotiate terms and conditions of employment as City Manager; and WHEREAS, such negotiations ensued, resulting in terms and conditions that have been incorporated in a written employment agreement (the “Employment Agreement”) reasonably consistent with the template employment agreement approved by the Common Council on September 6, 2023; now, therefore, be it RESOLVED, that Deborah Mohlenhoff is hereby appointed to the position of City Manager, effective January 1, 2024 for a term of three years in accordance with and subject to all provisions of the City Charter and Code and subject to all terms and conditions of the Employment Agreement, at an annual salary of one hundred seventy thousand dollars ($170,000.00) in 2024, and subject to an increase of three percent of the preceding year’s salary effective January 1, 2025 and again January 1, 2026; and be it further RESOLVED, that such appointment is contingent on Ms. Mohlenhoff’s execution in December of the Employment Agreement; and be it further RESOLVED, that the Mayor is authorized on behalf of the City to execute the Employment Agreement in a form substantially similar to the agreement accompanying this resolution. Carried 9-1(Brown) Brock McGonigal (Brown) Nguyen Fleming Gearhart DeFendini Kumar Cantelmo Haines-Sharp Item 6.3 Appointment of Police Chief- Thomas Kelly YouTube Timestamp: 3:37:23 Moved By: Alderperson Cantelmo Seconded by: Alderperson Nguyen Discussion Summary: Thomas Kelly is Appointed Police Chief of the City Of Ithaca Police Department. No Further Discussion from Council. Vote Passed: 9-1 Member All In Favor Oppose Abstain Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Donna Fleming X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Kris Haines-Sharp X 6.3 Appointment of the Police Chief WHEREAS, the Ithaca Police Department has been without a permanent Police Chief since May 9, 2021, and WHEREAS, the initial search for a permanent chief resulted in a failed search which led to the city contracting with an executive search firm, Public Sector Search and Consulting, Inc., and WHEREAS, in recognition of the challenges in recruiting for law enforcement Common Council approved a salary and signing incentive outside of the management compensation plan of $150,000 and $50,000 respectively, and WHEREAS, the recent search has resulted in the selection of an individual with experience and values consistent with the desirable direction of the Ithaca Police department and city administration, Mr. Thomas Kelly. Mr. Kelly has twenty-three years of commendable police experience and a master’s in public administration, and Whereas, Mr. Kelly will relocate to Ithaca prior to his start date of December 18th, followed by his family at the end of the school year. The Mayor has agree to provide a relocation/transitional housing stipend, now therefore be it RESOLVED, that Thomas Kelly be and hereby is appointed to the position of Police Chief, effective December 18, 2023, at an annual salary of $150,000, and be it further RESOLVED, that Common Council passed a resolution authorizing a signing incentive of $50,000 that shall be paid in three even increments over three years, and be it further RESOLVED, that Common Council approves a relocation/transitional housing stipend of $15,000 and if Mr. Kelly leaves city employment before the end of his first year, he will reimburse the City of Ithaca two thirds of the stipend ($10,000) or if he leaves between the end of his first and end of his second year of employment, Mr. Kelly will reimburse the City of Ithaca one third of the stipend ($5,000). Carried 9-1 (DeFendini) Brock McGonigal Brown Nguyen Fleming Gearhart (DeFendini) Kumar Cantelmo Haines-Sharp Item 6.4 Appointment Of Ithaca Youth Bureau Director YouTube Timestamp: 3:39:45 Moved By: Alderperson Cantelmo Seconded by: Alderperson Nguyen Discussion Summary: Gregory Houck is appointed Director of Ithaca Youth Bureau. No Further Discussion from Council. Vote Passed: 8-2 Member All In Favor Oppose Abstain Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Donna Fleming X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Kris Haines-Sharp X 6.4 Resolution- Appointment of Youth Bureau Director. RESOLVED, That Greggory Houck be and hereby is appointed to the position of Youth Bureau Director, effective January 1, 2024, at an annual salary of one hundred fourteen thousand nine hundred and fourteen dollars ($114,914). Carried 8-2 (Brock) (McGonigal) (Brock) (McGonigal) Brown Nguyen Fleming Gearhart DeFendini Kumar Cantelmo Haines-Sharp Item 6.5 Mayor’s Appointments Planning and Development Board- Mitch Glass YouTube Timestamp: 3:40:35 Moved By: Alderperson Fleming Seconded by: Alderperson Nguyen Discussion Summary: Mitch Glass appointed to Planning and Development Board as Chair. Mayor Lewis thanked Rob Lewis for his many years of Chairing the Planning Board. Vote Passed: 10-0 Member All In Favor Oppose Abstain Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Donna Fleming X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Kris Haines-Sharp X Mayor’s Appointments Board of Zoning Appeals- Donna Fleming, Michael Cannon, Joseph Kirby YouTube Timestamp: 3:41:47 Moved By: Alderperson Cantelmo Second By: Discussion Summary: Alderperson Cantelmo pointed out one of the Appointments needs to be effective January 1st 2024 according to New York State Law. Amended Resolution. City Attorney pointed out the best practice in this circumstance is for Alderperson to remove self from the Table. Alderperson Fleming Recused from Vote. Vote Passed: 8-1 Member All In Favor Oppose Abstain Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Donna Fleming RECUSED Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Kris Haines-Sharp X 6.5 Mayor Appointment Planning and Development Board Resolved, that Mitch Glass be appointed as Chair to the Planning and Development Board for a Three (3) year term expiring December 31, 2026 Carried Unanimously 10-0 Board of Zoning Appeals RESOLVED, That Michael Cannon, and Joseph Kirby be appointed to the Board of Zoning Appeals for a Three (3)Year Term to expire December 31, 2026 and be it further RESOLVED, that Donna Fleming be appointed to the Board Of Zoning Appeals for a Three (3) Year Term beginning January 1st 2024 to expire December 31st 2026 effective Carried 8-1 (DeFendini) Brock McGonigal Brown Nguyen Fleming -RECUSED Gearhart (DeFendini) Kumar Cantelmo Kris Haines-Sharp Item 6.6 Response Protocol To Unsanctioned Encampments on City Property YouTube Timestamp: 3:43:41 Moved By: Alderperson Gearhart Seconded by: Alderperson Brock Discussion Summary: Alderperson DeFendini expressed his hesitation and concerns regarding holding a vote. Motion to amend resolution was made by Alderperson DeFendini. Resolution was Moved and approved as amended. Director of Planning Nels Bohn was present to address questions and comments from Council. Motion To Amend Language- to add 1 Whereas and 2 Resolves - Alderperson DeFendini YouTube Timestamp: 3:49:48 Seconded By: Alderperson Nguyen Motion to amend amendment and strike 1st Resolve - Alderperson DeFendini YouTube Timestamp: 4:08:58 Received as Friendly – Alderperson Nguyen Vote Passed: 6-4 Member All In Favor Oppose Abstain Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Donna Fleming X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Kris Haines-Sharp X Mayor Laura Lewis X Tie Breaker- Mayor Lewis Voted In Favor Of Resolution as Amended Motion to Extend meeting 15 Minutes YouTube Timestamp: 3:56:46 Motioned By: Alderperson Gearhart Seconded By: Alderperson Kumar Vote Passed: 6-3 Member All In Favor Oppose Abstain Cynthia Brock X George McGonigal ABSENT FROM VOTE Phoebe Brown X Ducson Nguyen X Donna Fleming X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Kris Haines-Sharp X Motion to Extend Meeting 10 Minutes- Alderperson Cantelmo Vote Passed: 10-0 Member All In Favor Oppose Abstain Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Donna Fleming X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Kris Haines-Sharp X Final Vote As Amended YouTube Timestamp: 4:10:19 Vote Passed: 10-0 Member All In Favor Oppose Abstain Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Donna Fleming X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Kris Haines-Sharp X 6.6 Response Protocol to Unsanctioned Encampments on City Property WHEREAS, on August 29, 2022, Mayor Lewis appointed the Working Group on Unsanctioned Encampments (WGUE) charged with developing a draft City policy regarding unsanctioned encampments on City-owned property, including a recommended methodology for policy enforcement given competing demands for limited City resources and a desire not to criminalize homelessness, and WHEREAS, camping is currently prohibited on all City property, and WHEREAS, on September 15, 2023, the Common Council adopted the Pilot Administrative Policy to Manage Homeless Encampments on City Property (Policy) that designated a 28-acre City-owned area where camping by persons experiencing homelessness will be temporarily allowed as an exception to the citywide prohibition on camping on City lands, and WHEREAS, the Policy omitted any guidance on how to address noncompliance with the Policy, and WHEREAS, Common Council committed to revisit a separate enforcement protocol to incorporate into the Policy, and WHEREAS, at their November 15, 2023 meeting the Planning & Economic Development Committee reviewed a proposed framework for responding to unsanctioned encampments on City lands, and WHEREAS, the Committee recommended several modest modifications and clarifications to the proposed framework, which are incorporated into the proposed Response Protocol to Unsanctioned Encampments on City Lands, dated November 30, 2023 (Response Protocol) now ready for Common Council consideration, and WHEREAS Forced relocation of campsites is a disruptive and traumatic event that results in worse health and housing outcomes for people experiencing unsheltered homelessness and, WHEREAS, successful implementation of the protocol framework will require the development of internal capacity to fulfill City obligations contained in the Response Protocol; now, therefore be it RESOLVED that the City Manager is directed to include in the plan framework a restricted list of case scenarios that instruct when the policy may be enforced on lightly managed lands and be it further RESOLVED, that the City of Ithaca Common Council hereby adopts the Response Protocol to Unsanctioned Encampments on City Lands, dated November 30, 2023, as a framework for incorporation of a compliance protocol into the adopted Pilot Administrative Policy to Manage Homeless Encampments on City Property, and be it further Carried Unanimously 10-0 Agenda Item 7 Reports From Council and Staff Item 7.1 – No Report From Common Council Liaisons Item 7.2- No Report From City Clerk Item 7.3 – Report for City Attorney YouTube Timestamp: 4:16:44 Report from City Attorney: We are reaching the year end and heading into a New Council and New Form of Government Structure; made our way most of the way to a draft update to Rules of Procedure that Council will likely want to consider next year the next year's Council in order to adapt to the new government structure. An Ordinance and MOU to effectuate the transition to a joint ILPC with the Town of Ithaca is now in deliberations and is why it has not yet come back to Council. Presumably in the New Year the Town will revert back to the city with any comments or discussion. Brief report given on the Exterior Property Maintenance Ordinance: the city is continuing to litigate this issue. Updated Policies around gifting and solicitation rules for city government are forthcoming for consideration by next year's Council Motion to Adjourn YouTube Time Stamp: 4:20:14 Moved By: Alderperson Nguyen Second By: Alderperson Brown Meeting Adjourned 10:23 PM All In Favor 10-0 Shaniqua Lewis Deputy City Clerk