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HomeMy WebLinkAboutMN-CC-2017-02-01COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. February 1, 2017 PRESENT: Mayor Myrick Alderpersons (10) Brock, McGonigal, Murtagh, Nguyen, Gearhart Fleming, Smith, Kerslick, Martell, Mohlenhoff OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Lavine City Controller – Thayer Human Resources Director – Michell-Nunn Fire Chief – Parsons Chief of Staff - Cogan PLEDGE OF ALLEGIANCE: Mayor Myrick led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Mayor Myrick requested the addition the presentation of the J. Diann Sams Annual African-American History Month Recognition Award. He further requested the addition of Item 9.1 – An Ordinance Adding Article VI, “Sanctuary City”, to Chapter 215 of the City of Ithaca Municipal Code. No Council Member Objected. SPECIAL ORDER OF BUSINESS: 4.1 The J. Diann Sams Annual African-American History Month Recognition Honoring Ms. Jacqueline E. Melton Scott – Resolution By Alderperson Nguyen : Seconded by Alderperson Brock WHEREAS, since 2004 the City of Ithaca Common Council has recognized an individual in our community of great esteem and stellar leadership during African- American History Month and, in so doing, established a tradition of honoring outstanding leadership, courage against unspeakable odds, and an unwavering commitment to community that is in keeping with the vision of Dr. Carter G. Woodson, founder of Black/African-American History Month; and WHEREAS, the late Alderperson J. Diann Sams was a heralded civil rights leader, longtime public servant, and the first African-American woman who also was a person with a disability to serve on Common Council; and WHEREAS, Common Council first bestowed this honor in 2004 on Alderperson Sams following her retirement after representing the Second Ward and the City’s populace for a decade; and WHEREAS, Common Council renamed this annual recognition posthumously in 2007 in honor of Alderperson Sams for her tireless efforts on behalf of people of color, the underrepresented, and other marginalized populations in and around Ithaca while, as a single parent, raising two boys who later established careers in law enforcement; and WHEREAS, since 2004, numerous outstanding leaders received this recognition from Common Council including: - 2005, Dr. James E. Turner, world-renowned scholar and founding director of the Africana Studies and Research Center at Cornell University; February 1, 2017 2 - 2006, Mr. Calemeze (Cal) D. Walker, community advocate and visionary leader with the Village at Ithaca; - 2007, Mrs. Frances Eastman, first woman of color supervisor of medical records at the former Tompkins County Hospital and Tompkins County “Senior Citizen of the Year” recipient; - 2008, Ms. Lucy J. Brown, a dedicated citizen with an unwavering commitment to social justice and promoting local civic collaboration and participation; - 2009, Ms. Marcia J. Fort (now Baum), longtime director of the City’s Greater Ithaca Activities Center (GIAC), so honored for her steadfast advocacy for the voiceless and oppressed of our community and elsewhere; - 2010, Mr. and Mrs. Abraham A. and Denise C. Dendtler Lee, longtime career educators in the Ithaca City School District who lend their time, talent, and personal resources to create or further local achievement for area children; - 2011, Mr. Karl A. Graham, longtime community and youth-education advocate whose work pushes for access and social improvement for all local residents; - 2012, Mr. Kenneth E. Glover, an ardent supporter of Town-Gown relations to achieve success through education, employment, and community involvement for area youth and young adults; - 2013, Mr. William (J.R.) B. Clairborne, Jr., and Mrs. Leslyn E. McBean-Clairborne, elected officials whose public service advocates for social and economic justice through inclusion, fairness, and accessibility to government services for, and sensitivity to, those in need; - 2014, Elder Ronald Benson of Ithaca’s Baptized Church of Jesus Christ, whose longtime civic involvement and ministry in the pulpit, prisons, and television has exemplified leadership through faith; - 2015, Ithaca Police Lt. Marlon T. Byrd (ret.), advocate of community-oriented policing as standard operating procedure, graduate of the FBI National Academy, the department’s first Black investigator, and supportive mentor to officers, community members, and family; - 2016, Mrs. Millicent L. Clarke-Maynard, retired educator from the Ithaca City School District who remains a tireless community servant and youth advocate who walks her talk daily in the betterment of the local community; and WHEREAS, Dr. Woodson’s lifelong devotion to educating African Americans about their own culture and history as part of U.S. history led to the modern-day, month-long observance of Black, or African-American, History Month, which highlights the positive impact people such as this award’s recipients have had on society; and WHEREAS, an individual who has made an indelible stamp upon Ithaca history and is so revered that she is worthy of community acknowledgement is Ms. Jacqueline E. Melton Scott, a lifelong educator and community advocate who refuses to see nothing stop the positive development of local children and community; and WHEREAS, this native Ithacan has left her mark at the bookends of education beginning with her leadership in the expansion of a fledgling Montessori school in Massachusetts from a half-day pre-school to a full-service, vibrant, year-round educational program that set a national standard for inclusive teaching over 25 years; and WHEREAS, in returning to her hometown from the Boston area, Ms. Scott became key in connecting Cornell University to various aspects of Ithaca and beyond through the Africana Studies and Research Center by teaming academic departments with teachers across the state and other partners to create workshops, expand learning opportunities, February 1, 2017 3 and even produce a major conference that attracted 300-plus national and international attendees; and WHEREAS, Ms. Scott has been and, remains, a key member of the Beverly J. Martin Elementary School community for two decades and having developed its multicultural education department, became a family liaison, and ascended through a myriad of other roles in support of children, parents, and teachers with how they educate students; and WHEREAS, during her early days back in Ithaca Ms. Scott assumed the helm at the local institution she grew up in - the Southside Community Center, where, at the time, she increased its community visibility and economic viability by creating partnerships with key funders and contributors that re-opened doors for local youth, students at Ithaca College and Cornell University, and community residents many of whom helped Ms. Scott with the creation of the live television broadcast “Live at Southside”; and WHEREAS, not a person to stand still, Ms. Scott served as a consultant throughout her adulthood for education, staff and organizational development, and community efforts, as well as a guest lecturer or adjunct faculty at several places of higher learning including Antioch, Cambridge, and Northeastern College, and the universities of Massachusetts, Harvard, Boston, Cornell, and the State University of New York at Cortland; and WHEREAS, while having received numerous accolades for leadership in her various roles, Ms. Scott continually combines her passion for education, people, and history with having grown up in Ithaca to make history alive and relevant with riveting first-hand accounts of events she witnessed such as the local appearances and performances of celebrities of the Harlem Renaissance at local venues such as the Forest City Lodge; and WHEREAS, in the words of a nominating panelist: “Ms. Scott has been a vital part of our community whether as director of Southside Community Center or a liaison at Beverly J. Martin Elementary School to enhance the minority’s voice in education. She has been a force for human rights in the Ithaca community”; now, therefore be it RESOLVED, That the City of Ithaca Common Council bestows upon Ms. Jacqueline E. Melton Scott the 2017 J. Diann Sams African-American History Month Recognition and urges all citizens to recognize the invaluable contributions of this positive, affirming, and dedicated citizen who also is a stalwart example of the many prominent figures we celebrate throughout history, particularly Black history; and, be it further RESOLVED, That in so doing, Ms. Jacqueline E. Melton Scott is worthy of honor not only each year in February but throughout the entire calendar year. Carried Unanimously Ithaca Police Officer Jack Bradley Nelson, son of J. Diann Sams, and former Alderperson J.R. Clairborne presented the Resolution to Ms. Melton Scott. Ms. Melton Scott thanked the nominating committee, the Mayor, and Common Council for the award and spoke about her long and distinguished history of educating young people, protecting those in need, and speaking truth to power. 4.2 Presentation of Quarterly Employee Recognition Award The presentation of this award was deferred to the March Common Council meeting when the recipient is able to attend. SPECIAL PRESENTATIONS BEFORE COUNCIL: 5.1 Presentation on an invasive species project completed by the Parks and Forestry Division of the City of Ithaca through Grant Funding – City Forester Jeanne Grace City Forester Jeanne Grace and Gorge Ranger Brittany LaGaley made a presentation regarding the presence of invasive plant species in the Six Mile Creek Natural area and other areas of the City. The presentation addressed: February 1, 2017 4  The presence of Japanese Stilt Grass in the natural area and its impact on the ecosystem.  Control efforts from 2015 to present  Field surveying and mapping  Education and outreach  Recommendations moving forward Alderperson Martell recommended sharing this presentation with the Natural Areas Commission as well. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council in support of the Sanctuary City Ordinance: Elisabeth Lindsay, Town of Danby Eliza Van Cort, City of Ithaca Ella Mead-Van Cort, City of Ithaca Lucian Mead-Van Cort, City of Ithaca Payal Bouker, Town of Dryden Ella Diaz, City of Ithaca Cynthia Henderson, Town of Newfield Pete Meyers, City of Ithaca Adriane Wolfe, City of Ithaca Isabel Reidy, Village of Trumansburg Susan Multer, Town of Ithaca Angela DeVito, Town of Ithaca Margaret Reed, Village of Trumansburg Kathleen Bergin, Town of Ithaca Esmeralda Carlos Gutierrez, Town of Ithaca Celeste Froehlich, City of Ithaca Raymond Craib, City of Ithaca Ernesto Bassi, Town of Ithaca Shari Korthuis, City of Ithaca Emma Lou Sheikh, City of Ithaca Nancy Emerson, Town of Ithaca Pastor Michael-Vincent Crea, City of Ithaca Walaa Horan Anna Kelles, City of Ithaca Charles Geisler, Town of Ithaca Ellen Walsh, Town of Danby The following people addressed Common Council in support of the Resolution Opposing Repeal of the Affordable Care Act: Ann Sullivan, City of Ithaca Christina Tuder, Town of Ithaca Deborah Homsher, City of Ithaca Frances Helmstadter, Town of Ithaca Liz Weissbrott, City of Ithaca Rebecca Elgie, City of Ithaca Judy Jones, City of Ithaca Brigitt Schaffner, Town of Ithaca Carl Feuer, City of Ithaca Neil Oolie, City of Ithaca Fay Gougakis, City of Ithaca, addressed an incident that occurred at the December, 2016 Common Council meeting regarding the malfunctioning of the microphones in Common Council Chambers. Josh Brokaw, City of Ithaca, addressed the City’s designation of an “Official Newspaper” and requested that additional alternatives be explored. Joel Harlan, Town of Newfield addressed the following issues: Sanctuary City status, social services, and the Affordable Care Act. Theresa Alt, City of Ithaca, voiced her support for the Sanctuary City Ordinance, the Resolution supporting the issuance of drivers licenses to people regardless of their immigration status, and the Resolution opposing the repeal of the Affordable Care Act. Kenneth Jaffe, voiced his support for the Sanctuary City Ordinance and the Resolution opposing the repeal of the Affordable Care Act. NEW BUSINESS: 9.1 Mayor Myrick - An Ordinance Adding Article VI, “Sanctuary City,” to Chapter 215 of the City of Ithaca Municipal Code By Alderperson Brock: Seconded by Alderperson Nguyen WHEREAS, the City of Ithaca’s Mayor and Common Council hereby affirm and express that the core values of the City of Ithaca include, regardless of nationality or citizenship status, creating a climate of welcome and inclusiveness, protecting and preserving the values of democracy and freedom, and respecting the human dignity and human rights of all persons; and February 1, 2017 5 WHEREAS, the City of Ithaca has long embraced refugees fleeing persecution and violence,1 and, as recently as June 1, 2016, the Mayor and Common Council welcomed future refugees to join the community and reaffirmed the City’s commitment to refugees that already made their home in Ithaca;2 and WHEREAS, on January 27, 2017, President Donald Trump signed an Executive Order that suspended the settlement of refugees to the United States for 120 days, thereby needlessly stranding a number of refugee families that had nearly completed the already extensive refugee vetting process and intended to relocate to Ithaca in coming months; and WHEREAS, in the face of Donald Trump’s Presidency, the City of Ithaca remains committed to maintaining its core values and dedication to refugee and immigrant communities; now therefore ORDINANCE NO. 2017- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Findings of Fact. The Common Council finds that: 1. Since at least 2007, the City of Ithaca has maintained a policy of non-involvement in the enforcement of federal immigration laws.3 2. Immigration law and enforcement are an area of federal, not local, concern, and the Tenth Amendment of the United States Constitution prevents the federal government from commandeering state or local agencies or officers to implement federal policies or regulations. 3. The obtaining of pertinent information, which is essential to the performance of a wide variety of state and local governmental functions, may in some cases be difficult or impossible if some expectation of confidentiality is not preserved. Preserving confidentiality may in turn require that state and local governments regulate the use of such information by their employees, including confidential information in the possession of City agencies relating to immigration status or other personal or private attributes. As such, confidential information in the possession of City agencies relating to immigration status or personal or private attributes should be disclosed to federal immigration authorities only as provided in Section 215-41 as created by this ordinance. 4. Nevertheless, on January 25, 2017, President Trump signed an executive order that, among other things, seeks to punish municipalities that his appointees deem “sanctuary jurisdictions.” 5. In recognition of 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, each reflective of the objectives set out in New York Attorney General Eric Schneiderman’s January 19, 2017 Model Sanctuary Provisions4: a. The City should not engage in activities solely for the purpose of enforcing federal immigration law. b. The City should only honor warrantless detainer requests from the federal government under limited, specified circumstances. 1 City of Ithaca Common Council Minutes. July 10, 1985, pages 4-6, https://lfweb.tompkins- co.org/WebLink/DocView.aspx?dbid=13&id=389761&page=1&cr=1 2 City of Ithaca Common Council Minutes. June 1, 2016, pages 4-5, https://lfweb.tompkins- co.org/WebLink/13/doc/569531/Page1.aspx 3 City of Ithaca Common Council Minutes. April 4, 2007, pages 10-11, https://lfweb.tompkins- co.org/weblink/13/doc/390199/Page1.aspx 4 Guidance Concerning Local Authority Participation in Immigration Enforcement And Model Sanctuary Provisions, January 19, 2017, https://ag.ny.gov/press-release/anticipating-major-changes-federal- immigration-enforcement-ag-schneiderman-provides. February 1, 2017 6 c. The City should not honor requests for certain non-public, sensitive information about an individual without a judicial warrant. d. The City should not provide the federal government access to individuals in their custody for questioning solely for immigration enforcement. e. The City should protect the due process rights of individuals as to whom federal immigration enforcement requests have been made. f. City resources should not be used by the federal government to create a registry based on race, gender, sexual orientation, religion, ethnicity, or national origin. g. City agencies should limit the collection of immigration-related information and ensure nondiscriminatory access to City benefits and services. h. The City should report data to the public regarding detainer and notification requests from the federal government for monitoring purposes. Section 2. Creation of Article VI, Chapter 215. Chapter 215 of the City of Ithaca Municipal Code entitled “Human Rights Protection” is hereby amended to add a new Article VI entitled “Sanctuary City”. Such Article shall read as follows: Article VI – Sanctuary City § 215-37. Legislative purpose and intent. The purpose and intent of this Article is to recognize the importance of fostering a city that is welcoming and inclusive for all individuals, regardless of nationality or citizenship status, and to ensure, to the greatest extent permitted by law, that immigration enforcement is a function of the federal government and not the City of Ithaca. § 215-38. Definitions. When used in this article, the following terms shall have the meanings indicated: CIVIL IMMIGRATION DETAINER (also called a “CIVIL IMMIGRATION WARRANT”) A detainer issued pursuant to 8 C.F.R. § 287.7 or any similar request from ICE or CPB for detention of a person suspected of violating civil immigration law.5 CBP U.S. Customs and Border Protection, including any successor federal agency(s) tasked with immigration, customs, and/or border enforcement. JUDICIAL WARRANT A warrant based on probable cause and issued by an Article III federal judge or a federal magistrate judge that authorizes federal immigration authorities to take into custody the person who is the subject of the warrant. A judicial warrant does not include a civil immigration warrant, administrative warrant, or other document signed only by U.S. Immigration and Customs Enforcement (“ICE”) or Customs and Border Protection (“CBP”) officials. ICE U.S. Immigration and Customs Enforcement, including any successor federal agency(s) tasked with immigration, customs, and/or border enforcement. IPD Ithaca Police Department, including entities, efforts, and initiatives jointly operated or pursued by officers of the Ithaca Police Department, acting in their official capacity, and others (e.g., the Joint Special Weapons and Tactics Team). PROBABLE CAUSE More than mere suspicion or that something is at least more probable than not. Probable cause and “reasonable cause,” as that latter term is used in the New York State criminal procedure code, are equivalent standards. 5See (“Immigration Detainer—Request for Voluntary Action”) (5/15), available at https://www.ice.gov/sites/default/files/documents/Document/2016/I-247D.PDF February 1, 2017 7 § 215-39. Prohibition of certain enforcement activities solely for the purpose of enforcing federal immigration laws. A. IPD shall not stop, question, interrogate, investigate, or arrest an individual based solely on any of the following: a. Actual or suspected immigration or citizenship status; or b. A “civil immigration warrant,” administrative warrant, or an immigration detainer in the individual’s name, including those identified in the National Crime Information Center (NCIC) database. B. IPD shall not inquire about the immigration status of an individual, including a crime victim, a witness, or a person who calls or approaches the police seeking assistance, unless necessary to investigate criminal activity by that individual. C. IPD shall not perform the functions of a federal immigration officer or otherwise engage in the enforcement of federal immigration law, whether pursuant to Section 1357(g) of Title 8 of the United States Code or under any other law, regulation, or policy. § 215-40. Civil immigration detainer requests. A. IPD may respond affirmatively to a “civil immigration detainer” from ICE or CBP to detain or transfer an individual for immigration enforcement or investigation purposes for up to 48 hours ONLY IF the request is accompanied by a judicial warrant, 1. EXCEPT THAT IPD may, upon the written legal opinion of the Office of the City  Attorney, detain a person for up to 48 hours on a “civil immigration detainer” in  the absence of a judicial warrant IF  a. (1) there is probable cause to believe that the individual has illegally re‐ entered the country after a previous removal or return as defined by 8  U.S.C. § 1326 and (2) the individual has been convicted at any time of (i) a  “violent or serious crime” as defined in subsection 14‐154(a)(6) of the  Administrative Code of the City of New York6 or (ii) a federal crime or  crime under the law of another state that would constitute a predicate  felony conviction, as defined under the New York Penal Law, for any of  the preceding felonies; or     b. there is probable cause to believe that the individual has or is engaged in terrorist activity. § 215-41. ICE or CBP requests for certain non-public, sensitive information A. IPD may, upon the written legal opinion of the Office of the City Attorney, respond affirmatively to an ICE or CBP request for non-public information about an individual —including but not limited to non-public information about an individual’s release, home address, or work address—ONLY IF the request is accompanied by a judicial warrant, 1. EXCEPT THAT nothing in this law prohibits IPD from:   a. sending to or receiving from any local, state, or federal agency — as per 8  U.S.C. § 1373 — (i) information regarding an individual’s country of  citizenship or (ii) a statement of the individual’s immigration status; or   b. disclosing information about an individual’s criminal arrests or convictions, where disclosure of such information about the individual is otherwise permitted by state law or required pursuant to subpoena or court order; or c. disclosing information about an individual’s juvenile arrests or delinquency or youthful offender adjudications, where disclosure of such information about the individual is otherwise permitted by state law or required pursuant to subpoena or court order. 2. IPD shall limit the information collected from individuals concerning immigration or citizenship status to that necessary to perform agency duties and shall prohibit the use or disclosure of such information in any manner that violates federal, state, or local law. 6 The text of N.Y.C. Admin. Code § 14-154(a)(6) is available at https://www.lawserver.com/law/state/new- york/ny-laws/ny_new_york_city_administrative_code_14-154. February 1, 2017 8 § 215-42. Questioning individuals in custody solely for immigration enforcement purposes. IPD shall not provide ICE or CBP with access to an individual in its custody or the use of IPD facilities to question or interview such individual if ICE or CBP’s sole purpose is enforcement of federal immigration law. A determination under this section that ICE or CBP’s sole purpose is NOT enforcement of federal immigration law may only be reached upon the written legal opinion of the Office of the City Attorney. § 215-43. Due process and notice A. IPD shall not delay bail and/or release from custody upon posting of bail solely because of (i) an individual’s immigration or citizenship status, (ii) a civil immigration warrant, or (iii) an ICE or CBP request —for the purposes of immigration enforcement—for notification about, transfer of, detention of, or interview or interrogation of that individual. B. Upon receipt of an ICE or CBP detainer, transfer, notification, interview or interrogation request, IPD shall provide a copy of that request to the individual named therein and inform the individual whether IPD will comply with the request before communicating its response to the requesting agency. C. Individuals in IPD’s custody shall be subject to IPD’s booking, processing, release, and transfer procedures, policies, and practices, regardless of actual or suspected citizenship or immigration status. § 215-44. Prohibition on the use of City resources to create any registry based on race, gender, sexual orientation, religion, ethnicity, or national origin. Neither the City of Ithaca nor any City personnel may use City funds, facilities, property, equipment, or personnel to investigate, enforce, or assist in the investigation or enforcement of any federal program requiring registration of individuals on the basis of race, gender, sexual orientation, religion, ethnicity, or national origin. § 215-45. Collection of immigration-related information; access to City benefits and services. A. City personnel shall not inquire about or request proof of immigration status or citizenship when providing services or benefits, except where the receipt of such services or benefits are contingent upon one’s immigration or citizenship status or where inquiries are otherwise lawfully required by federal, state, or local laws. B. IPD shall establish a Language Assistance Policy for individuals with Limited English Proficiency and provide interpretation or translation services consistent with that policy. § 215-46. Collection and reports of data. A. IPD shall record, solely to create the reports described in subsection (B) below, the following for each immigration detainer, notification, transfer, interview, or interrogation request received from ICE or CBP: 1. the subject individual’s race, gender, and place of birth;   2. date and time that the subject individual was taken into custody, the location where the individual was held, and the arrest charges; 3. date and time of IPD receipt of the request; 4. the requesting agency; 5. immigration or criminal history indicated on the request form, if any; 6. whether the request was accompanied by any documentation regarding immigration status or proceedings, e.g., a judicial warrant; 7. whether a copy of the request was provided to the individual and, if yes, the date and time of notification; 8. whether the individual consented to the request; 9. whether the individual requested to confer with counsel regarding the request; 10. IPD’s response to the request, including a decision not to fulfill the request; February 1, 2017 9 11. if applicable, the date and time that ICE or CBP took custody of, or was otherwise given access to, the individual; and 12. date and time of the individual’s release from IPD’s custody. B. IPD shall provide annual reports to the Common Council and the City Clerk, who shall make the same publicly available, regarding the information collected in subsection (A) above in an aggregated form that is stripped of all personal identifiers in order that IPD and the community may monitor IPD’s compliance with all applicable law. Section 3. Severability. 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 portion. 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. Alderperson Nguyen thanked all of the speakers who came to the meeting to speak out on this issue. He noted that this issue is deeply personal to him as his parents were refugees. He described his experience participating in the recent protest at JFK airport in New York City. He thanked City Attorney Lavine for his hard work on this Ordinance. He listed other New York State municipalities that have adopted Sanctuary legislation and shared statistics taken from an article entitled “The Effects of Sanctuary Policies on Crime and the Economy” on the Center for American Progress website including:  average of 35 fewer crimes committed per 10,000 people in sanctuary cities  median household annual income is on average $4353 higher in sanctuary counties  poverty rate is 2.3% lower in sanctuary counties  unemployment is 1.1% lower in sanctuary counties  sanctuary counties with the smallest populations see the most pronounced effects Alderperson Smith thanked the speakers for sharing their stories. He also thanked the Mayor, City Attorney, and Common Council for work their work on this legislation. Alderperson McGonigal stated that these are very trying times, noting how powerful the testimony of all of the speakers was. He thanked Alderperson Brock for bringing this issue forward and the public for their attention to it. He further stated that every member of Common Council is dedicated to making this a powerful, legal, document, without exception and encouraged everyone to come together to address this issue. He thanked the Mayor, City Attorney, and Attorney General Schneiderman for their hard work on the legislation. He shared a story about former neighbors who were Cambodian refugees, noting his belief that refugees are the most courageous people in the world. Alderperson Brock stated that she conducted a lot of research and there were several iterations of the Safe Cities legislation before she brought the initial legislation to the City Administration Committee for consideration. She noted that the language some members of Council were not comfortable with regarding staff enforcement of immigration status was language that she replicated from the City’s 1985 Sanctuary City Resolution. She further stated that President Obama deported more people than the previous two Presidential administrations combined, and that this is good policy and best practices that should have been put in place decades ago. She voiced her appreciation for the efforts of Attorney General Schneiderman. Alderperson Brock requested that City Attorney Lavine clarify that this legislation pertains to all city employees, not just law enforcement personnel. City Attorney Lavine noted that there are two provisions in the law that apply to all city employees: no city personnel should be inquiring as to a person’s immigration status; and no city personnel February 1, 2017 10 should create a registry based on race, gender, sexual orientation, religion, ethnicity, or national origin. The other provisions in the legislation are law enforcement specific and only pertain to law enforcement personnel. Alderperson Fleming noted that Council is acting quickly but thoughtfully, and for good reason. She stated that Council’s general practice is to have 4-6 weeks of consideration and public review of any action but there was an urgency to get this legislation passed. She further stated that she believes that the phrase “terrorist activity” is vague and overused; however, this is language taken from the Attorney General’s guideline. She offered suggestions for tightening the language of the Ordinance. Amending Resolution: By Alderperson Fleming: Seconded by Alderperson Mohlenhoff RESOLVED, That a new Whereas clause be added as the 2nd Whereas clause to read as follows: “WHEREAS, the City of Ithaca per the City Code is committed to ensuring that no person is excluded from participating in or denied the benefits of its public services on the basis of actual or perceived age; creed; color; disability; ethnicity; domestic violence victim status; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristic; race; religion; sex; sexual orientation; socioeconomic status; or weight; and” Carried Unanimously Amending Resolution: By Alderperson Nguyen: Seconded by Alderperson Martell RESOLVED, That a new Whereas clause be added to become the 3rd Whereas clause to read as follows: “WHEREAS, on January 25, 2017, President Donald Trump signed an Executive Order calling for the detention and removal of persons pursuant to federal immigration regulations, and for the cooperation of local law enforcement agencies to perform the functions of immigration officers. This order also falsely claims that sanctuary cities cause "immeasurable harm to the American people and to the very fabric of our Republic”—when data show that such cities feature lower crime and stronger economies.” Discussion followed on the floor regarding whether this language should replace the current 4th Whereas Clause or if it should be in addition to it. A vote on the Amending Resolution resulted as follows: Carried Unanimously Amending Resolution: By Alderperson Brock: Seconded by Alderperson Nguyen RESOLVED, That the term “gender identity” be added to Section 1, Findings of Fact, 5(f), and Section 215-44. Carried Unanimously Discussion followed on the floor on whether the last Whereas clause should be amended to remove the reference to President Trump’s Presidency as there are many other players in Washington that are similarly minded. Amending Resolution: By Alderperson Fleming: Seconded by Alderperson Brock RESOLVED, That the last Whereas clause be amended to read as follows: “WHEREAS, the City of Ithaca remains committed to maintaining its core values and dedication to refugee and immigrant communities; now therefore” Ayes (8) Brock, McGonigal, Nguyen, Gearhart, Fleming, Smith, Kerslick, Martell Nays (2) Murtagh, Mohlenhoff Carried (8-2) February 1, 2017 11 Amending Resolution: By Alderperson Fleming: Seconded by Alderperson Brock RESOLVED, That the 1st Whereas clause be amended to read as follows: “WHEREAS, the core values of the City of Ithaca include creating a welcoming and inclusive climate, protecting and preserving the values of democracy and freedom, and respecting the human dignity and human rights of all persons regardless of nationality or citizenship status, and” Carried Unanimously Mayor Myrick thanked Alderperson Brock for picking up the mantel, and Common Council for the thought and work they put into this legislation on short notice. He thanked City Attorney Lavine for being able to do an incredible amount of work on short notice and for being able to answer everyone’s questions. Lastly, he thanked the public for their participation and support, and for sharing their stories. Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously INDIVIDUAL MEMBER – FILED RESOLUTIONS: 13.1 Alderperson Murtagh - Ithaca Common Council Resolution Opposing Repeal of the Affordable Care Act By Alderperson Murtagh: Seconded by Alderperson Kerslick WHEREAS, the Affordable Care Act has transformed the delivery of healthcare in the United States, expanding access to healthcare for millions of people and establishing the basic principle that all Americans should have access to quality, affordable healthcare; and WHEREAS, the Affordable Care Act, through the New York State of Health exchange, has succeeded in cutting the rate of uninsured New Yorkers in half, by expanding Medicaid eligibility, covering young adults until age 26, offering free preventative care, and prohibiting discrimination based on pre-existing conditions, among other benefits; and WHEREAS, repeal of the Affordable Care Act, without an immediate, equally effective and comprehensive replacement, would result in 18 million people in the United States losing their health insurance and premiums in the non-group market increasing by as much as 25 percent in the first year of repeal, according to data compiled by the Congressional Budget Office; and WHEREAS, nearly 3 million New Yorkers could lose their health insurance, including 8,000 residents of Tompkins County; and WHEREAS, repeal of the Affordable Care Act could deal a costly blow to New York State counties, which stand to lose $600 million in federal funding if the Affordable Care Act is repealed, potentially contributing to a rise in the property tax burden for Tompkins County residents; and WHEREAS, repeal of the Affordable Care Act is being proposed in conjunction with efforts to cut Medicaid reimbursement funding to Planned Parenthood, thereby imperiling the future of those who rely on Planned Parenthood for critical reproductive and sexual health services; and WHEREAS, repeal of the Affordable Care Act could have negative impact on New York State’s hospitals, upending insurance coverage for millions and preventing hospitals from carrying out their mission, including Cayuga Medical Center, which could stand to lose millions in federal funding if the Affordable Care Act is repealed; now, therefore be it RESOLVED, that the City of Ithaca Common Council urges our Congressional representatives to vote against any repeal of the Affordable Care unless it is replaced February 1, 2017 12 by a nationwide single-payer health insurance program or another alternative with commensurate protections for the public to be adopted following an extensive public review and comment period, and, be it further RESOLVED, That the City Clerk is hereby directed to send a copy of this resolution to the city’s representatives in Congress. Alderperson Murtagh noted that he moved a slightly amended version of the Resolution noting that the language added is consistent with the language that is in Tompkins County’s version of this legislation. Mayor Myrick thanked all of the speakers who came out to address this very important issue. Alderperson Fleming thanked Alderperson Murtagh for his leadership and work on this legislation. A vote on the Resolution resulted as follows: Carried Unanimously RECESS: Mayor Myrick requested a brief recess at 9:40 pm. RECONVENE: Common Council reconvened into Regular Session PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Mohlenhoff responded to comments made regarding the City’s designation of an “Official Newspaper”. City Attorney Lavine noted that he has concluded his legal research on this issue and is ready to assist Council on the matter. Alderperson Fleming reported that she went to Albany with people from Planned Parenthood to attend the Planned Parenthood Advocacy Day event. She noted that the Governor spoke about an initiative to amend the New York State Constitution regarding abortion rights for women. 7.1 Announcement of the Availability of the 2017 Annual Disclosure Forms of the Mayor and Common Council City Clerk Holcomb announced that the 2017 Annual Disclosure Forms for the Mayor and Common Council have been submitted are available for review in the City Clerk’s Office during normal business hours. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Attorney’s Office - Amendment to Personnel Roster - Resolution Alderperson Martell: Seconded by Alderperson Mohlenhoff WHEREAS, the City Attorney’s Office requests that the workweek for one Assistant City Attorney be reduced from 40 hours per week to 32 hours per week; and WHEREAS, the City Attorney is confident that this reduction will nonetheless enable the City Attorney’s Office to support the City’s needs; now, therefore be it RESOLVED, That effective February 5, 2017, the workweek of one Assistant City Attorney position be and hereby is reduced from forty (40) hours/week to thirty-two (32) hours/week pursuant to the employee’s request; 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 six and four/tenths (6.4) hours per day (thirty-two (32) hours per week). Carried Unanimously February 1, 2017 13 PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 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 By Alderperson Murtagh: Seconded by Alderperson Kerslick WHEREAS, 6 NYCRR Part 617 of the State Environmental Quality Review Law and Chapter 176.6 of the City of Ithaca Municipal Code entitled “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 Action or an 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 Environmental Impact Statement (EIS) was transmitted to them; and WHEREAS, Projects submitted to the City of Ithaca Planning and Development Board for Site Plan Review and Approval, at times involve approval or funding from Common Council, making Council an involved agency in environmental review; 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 City of Ithaca Planning and Development Board will assume Lead Agency status for such projects; 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, on April 7, 2015 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 through December 31, 2015; 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 through December 31, 2016; now, 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, 2017; and, be it further RESOLVED, That for any future project Common Council may withhold or withdraw its consent should it so desire. Ayes (9) Brock, Nguyen, Murtagh, Gearhart, Fleming, Smith, Kerslick, Mohlenhoff, Martell Nays (1) McGonigal Carried (9-1) February 1, 2017 14 10.2 Community Housing Development Fund, Funding Round #13 — Authorization for Disbursement of $50,000 Pursuant to an Executed Memorandum of Understanding (MOU) – Resolution By Alderperson Murtagh: Seconded by Alderperson Brock WHEREAS, the Community Housing Development Fund (CHDF) was established in 2009, and renewed in 2015, by Memorandum of Understanding (MOU) among and between the City of Ithaca, Tompkins County and Cornell University to raise and award funds to increase the supply of permanently affordable housing in the County; and WHEREAS, on an annual basis Cornell University contributes $200,000 to the CHDF and the City of Ithaca and Tompkins County each contribute $100,000; and WHEREAS, the CHDF Program Oversight Committee (POC) recommends round #13 funding of $356,250 for the following affordable housing projects: and; WHEREAS, Common Council determined that City of Ithaca contributions to the CHDF should be used solely to assist projects located within the City of Ithaca; and WHEREAS, pursuant to the 2015 Memorandum of Understanding, Tompkins County administers the CHDF, including collection of contributions to the CHDF and distribution of funds to project sponsors; and WHEREAS, rehabilitation of a facility in-kind on the same site is a type II action under SEQR/CEQRO, therefore no environmental review is required for the INHS Scattered Site Rental Housing Preservation project; and WHEREAS, prior City contributions to the CHDF were derived from Gateway Loan proceeds administered by the Ithaca Urban Renewal Agency that originated from sale of City-owned land for the Eddygate project located at 110 Dryden Road, but such funds have been depleted; and WHEREAS, as part of the 2016 Budget, funds were placed in Restricted Contingency to fund the City’s contribution to the CHDF; now; therefore be it RESOLVED, that the Common Council for the City of Ithaca hereby authorizes an expenditure of up to $50,000 to Tompkins County for the following affordable housing projects to implement the round #13 recommended funding awards through the Community Housing Development Fund: Project Name: INHS Scattered Site Rental Housing Preservation Project Amount: $50,000 Community Housing Development Fund Round #13 Recommended Funding Awards Applica nt Project # Units Location Funding ($1,000s) Cornel l Count y City Total Second Wind Cottages , Inc. Second Wind Cottages (units #15- #18) 4 rental (T) Newfield -1435 Elmira Rd. 37.5 18.75 0 56.25 INHS, Inc INHS Scattered Site Rental Housing Preservation 98 rental (C) Ithaca -14 various properties 200 50 50 300 Totals 237.5 68.75 50 356.2 5 February 1, 2017 15 Applicant: Ithaca Neighborhood Housing Services, Inc. Project Summary: Renovation of 98 rental housing units in 44 buildings located throughout the City of Ithaca; and, be it further RESOLVED, That Common Council hereby transfers $50,000 from Account A1990 Restricted Contingency to the following account: A8020-5700 Planning Contracts $50,000 to fund City/County/Cornell Housing Trust city portion); and, be it further RESOLVED, That the Mayor, subject to advice of the City Attorney, is hereby authorized to execute a fiscal agency agreement with Tompkins County to implement this resolution. Alderperson McGonigal noted that Common Council just awarded INHS a $1 million tax break over the course of 30 years. He stated that he hopes that other worthy sources for these funds would come forward soon, noting that INHS is good but they are not the only agency committed to affordable housing. Alderperson Nguyen stated that it is difficult to find affordable housing developers to allocate these funds to. In this case, the funds will be leveraged to obtain millions of dollars to renovate these homes which are in need of repairs. A vote on the Resolution resulted as follows: Carried Unanimously Alderperson Murtagh reported that the representatives from Maguire will be coming to the next Planning and Economic Development Committee meeting to discuss their future in the City. He encouraged interested Council members to attend the meeting. CITY ADMINISTRATION COMMITTEE: 11.1 Support for Issuance of Driver’s Licenses to New York State Residents regardless of Immigration Status - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Brock WHEREAS, many New Yorkers are being denied access to driver’s licenses that they urgently need to drive to work, buy groceries, take their children to school, travel to appointments, attend religious worship, or take family members to hospitals in cases of emergency; and WHEREAS, many New Yorkers who cannot obtain driver’s licenses because of their immigration status live in fear that they will be arrested during a routine traffic stop, and because they do not have a driver’s license they will be vulnerable to deportation and being separated from their families; and WHEREAS, licensing drivers improves public safety by ensuring that everyone driving on our roads is properly licensed, informed of our traffic laws, and is operating a registered, inspected, and insured vehicle; and WHEREAS, licensed drivers are more likely to stay at the scene of an accident to aid police and emergency workers and to exchange insurance information with other affected motorists; and WHEREAS, licensed drivers who witness crimes will be more comfortable reporting them to the police and cooperating in investigations; and WHEREAS, allowing immigrants to obtain a driver’s license regardless of immigration status would mean an increase in revenue for New York State from license and registration fees; and February 1, 2017 16 WHEREAS, removing immigration status barriers to driver’s licenses will reduce the number of accidents involving uninsured motorists, leading to lower auto insurance premiums for all New Yorkers; and WHEREAS, there are twelve states across the United States that already provide access to licenses to all residents, regardless of immigration status, including our neighboring states of Connecticut and Vermont; now, therefore be it RESOLVED, That the Common Council expresses our collective desire for safety and security for all of our residents and, further, our commitment to pursuing the common good by ensuring shared resources such as roads and highways be accessed and utilized responsibly and safely; and, be it further RESOLVED, That Common Council recognizes immigration law to be a federal concern; and, be it further RESOLVED, That Common Council calls upon the New York State legislature and Governor Cuomo to promptly ensure the issuance of driver’s licenses to all qualified New York residents, regardless of immigration status; and, be it further RESOLVED, That the City Clerk forward a true copy of this Resolution to Governor Cuomo, Assemblywoman Barbara Lifton, and State Senator Tom O’Mara. Carried Unanimously Motion to Extend Meeting By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick RESOLVED, that the meeting be extended to 10:25 pm. Carried Unanimously 11.2 Fire Department – Request to Amend Budget for Purchase of Fire Police Vehicle - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, the Ithaca Fire Police is a unit of the City of Ithaca Fire Department comprised of members of Neriton Fire Company No. 9; and WHEREAS, the Ithaca Fire Police Unit responds to emergencies requiring traffic and crowd control; and WHEREAS, the work of the Fire Police involves the use of barricades, flares, portable traffic control signs, scene lighting, and traffic cones; and WHEREAS, the Ithaca Fire Department does not have a vehicle to permanently store and make available for use for carrying traffic control equipment; and WHEREAS, the members of the Fire Police Unit currently use their personal vehicles to transport traffic control equipment to emergency incidents; and WHEREAS, on May 4, 2016, Common Council authorized, by resolution, to accept up to twenty thousand dollars ($20,000) from Neriton Fire Company No. 9 to fund the purchase of a used vehicle; and WHEREAS, the Fire Chief and the members of Neriton Fire Company No. 9 have been unable to find a used vehicle acceptable for use as a Fire Police Vehicle; and WHEREAS, Neriton Fire Company No. 9 has offered to fund the purchase of a new vehicle, up to forty-one thousand dollars ($41,000); and WHEREAS, Neriton Fire Company No. 9 has also offered to provide funding for retrofitting, and major repairs of the Fire Police vehicle; and February 1, 2017 17 WHEREAS, the City Attorney has recommended that the Fire Police vehicle be owned by the City of Ithaca for it to be eligible for insurance and registration under the City of Ithaca; and WHEREAS, the Fire Police vehicle, when not in use, will be parked or stored on City owned property; and WHEREAS, the Fire Chief supports the request of Neriton Fire Company No. 9 to purchase a new vehicle for the Fire Police unit; now, therefore be it RESOLVED, That the City of Ithaca Common Council approves the acceptance of funds from Neriton Fire Company No. 9 for the purchase of a new vehicle for the Fire Police unit; and, be it further RESOLVED, That Common Council hereby amends the 2017 authorized City of Ithaca Fire Department budget to account for the funds donated by Neriton Fire Company No. 9 as follows: Increase Revenue Account: 3410-2705-12250 Donations $55,000 Increase Appropriation Account A3410-5215-12250 Vehicles $41,000 A3410-5476-12250 Equipment Maint. $14,000 and, be it further RESOLVED, That the cost for registration, insurance, fuel and routine maintenance will be paid for out of existing City of Ithaca Fire Department funding; and, be it further RESOLVED, That Common Council authorizes the purchase of a Fire Police Vehicle at a cost not to exceed funds provided by Neriton Fire Company No. 9; and, be it further RESOLVED, That Common Council authorizes the retrofitting and major repairs of the Fire Police vehicle in an amount not to exceed funding provided by Neriton Fire Company No. 9. Alderperson Brock noted the donation of $41,000 and asked as to whether there is also a donation for $14,000. City Controller Thayer explained that the total donation is not to exceed $55,000 which will cover the vehicle and maintenance activity. A vote on the Resolution resulted as follows: Carried Unanimously 11.3 Human Resources – Re-Establishment of the Standard Work Day for Elected and Appointed Officials – Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Fleming WHEREAS, the New York State Local Retirement System Regulation 315.4 requires that all participating employers pass a Resolution for all paid elected and appointed officials, who are members of the retirement system at the start of their new term or subsequent terms; and WHEREAS, the Mayor’s new term began on January 1, 2016 and the Chief of Staff position was created in the 2013 budget, but not by resolution which would have established the standard workday; now, therefore be it RESOLVED, That Common Council hereby re-establishes the following standard workday for the sole purpose of determining days worked reportable to the New York State and Local Employees’ Retirement System: February 1, 2017 18 Eight (8) hour workday; Forty (40) hour workweek: Mayor Chief of Staff Carried Unanimously 11.4 City Controller’s Report City Controller Thayer reported on the following:  The City has been re-rated by Moody’s and has maintained its Aa2 rating  The preliminary New York State budget has been released: CHIPS funding and State Aid remain flat for 2017. The budget also included a county-wide shared services proposal and a local government restructuring program proposal.  2016 activity: Favorable activity: building permits, mortgage tax, parking revenue, property sales Negative activity: sales tax, fines, pensions, overtime Preliminary review suggests that 2016 will come out on the positive side, making this the second year of positive final budgets.     Alderperson Mohlenhoff announced that the Committee Restructuring Work Group would be presenting their recommendations to Common Council at the March 29, 2017 Committee of the Whole (COW) meeting. She explained that the current committees have had opportunities to provide feedback in a survey and in a visioning session. Committee members will be invited to attend the Committee of the Whole meeting but there will not be a public comment period. An additional public information session will be scheduled after the COW meeting and another survey will be distributed to solicit additional feedback and responses to the proposal. MAYOR’S APPOINTMENTS: 14.1 Reappointment to Building Code Board of Appeals – Resolution By Alderperson Martell: Seconded by Alderperson Murtagh RESOLVED, That Richard Guttridge be reappointed to the Building Code Board of Appeals with a term to expire December 31, 2019, and be it further Reappointments to Housing Board of Review – Resolution RESOLVED, That John Barradas be reappointed to the Housing Board of Review with a term to expire December 31, 2019; and, be it further RESOLVED, That Joseph Steuer be reappointed to the Housing Board of Review with a term to expire December 31, 2019. Carried Unanimously REPORTS OF COMMON COUNCIL LIAISONS: Ithaca Landmarks Preservation Commission Alderperson Murtagh reported that the Old Library project will be discussed and potentially voted upon at the February 14, 2017 ILPC meeting. Gorge Safety Task Force Alderperson Kerslick reported that the Gorge Safety Task Force has been discussing the possibility of giving the Gorge Rangers the ability to issue parking tickets around the Six Mile Creek natural area. He further noted that he and Alderperson Fleming met with Tompkins County District Attorney Van Houten to discuss enforcement strategies for the dangerous behaviors occurring at the First and Second Dams in the City. The approach that would garner the most effective enforcement through the court system is to restrict access to the most dangerous and environmentally sensitive areas of the gorge and sign them as “No Trespass”. The Task Force will be completing their work soon and will send their recommendations to the City Administration Committee for discussion. Special Joint Committee Alderperson Brock announced that she has been selected as Chair of the SJC. She further reported that the Chief Operator of the Wastewater Treatment Plant has submitted his resignation, so departmental restructuring is underway to cover this February 1, 2017 19 vacancy. Superintendent of Public Works Thorne and Assistant Superintendent of Water & Sewer Whitney will be assisting the SJC through this process. REPORT OF CITY ATTORNEY: City Attorney Lavine noted that he has conducted the requested research regarding the requirements of becoming an “Official Newspaper” and will make a report at the February 15, 2017 City Administration Committee meeting. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the December 7, 2016 and the January 4, 2017 Common Council Meeting Minutes – Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick RESOLVED, That the minutes of the December 7, 2016 Common Council meeting be approved as published, and be it further RESOLVED, That the minutes of the January 4, 2017 Common Council meeting be approved as published. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 10:15 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor