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HomeMy WebLinkAboutMN-CC-2023-06-07COMMON COUNCIL Voting Record Date: June 7th 2023 Location: City Hall, 108 E. Green Street 3rd Floor, Council Chambers Meeting Called to order: 6:00 P.M. Meeting Adjourned: 8:15 P.M. YouTube Link: https://www.youtube.com/watch?v=QFpVmnGyMQA 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 – Jeffrey Barken 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 9 1 Call to Order YouTube Timestamp: 1:01 Discussion Summary: Mayor Lewis called attention to June being Pride Month. Downtown Ithaca Alliance postponed Pride Events due to the impact of current weather conditions on the city. They will be rescheduled. Mayor also recognized this month being Caribbean Heritage Month. Recognized this is the final council meeting for Alderperson Jeffry Barken. Thanked Alderperson Barken for his service and contribution to our City and Community. 1.1 Agenda Review YouTube Timestamp: 2:45 Discussion Summary: Deleting Items 6.2 and 6.3 Appointment of Access Oversight Committee; no additional members required. No Recommendation of a new Sustainability and Climate Justice Committee. Anticipates a recommendation in July. Alderperson Brown is not in attendance this evening. 1.2 Reports of Municipal Officials YouTube Timestamp: 4:24 Discussion Summary: Veronica Pillar County Legislator presented a report on the following: Staff’s Budget request, Asylum seekers, Housing and Economic Development Committee meeting beginning discussions around homelessness, Homeless Services Coordinator position has been filled by Tammy Baker. The County is not taking concrete action around homelessness but is committed to being a topic to be discussed. Announced Juneteenth events. Discussion continued with questions and comments from Council. Pride week events were postponed due to the impact on health from current conditions. Special Presentation- Flood Mitigation Grants and Flood Insurance. YouTube Timestamp: 11:09 (presented after Proclamations and Awards) Discussion Summary: Presentation given by Superintendent of Public Works, Mike Thorne. Superintendent Thorne provided a slide presentation. Reviewed updates on the status of the proposed FEMA Maps. Presentation is posted to the City’s Website FEMA Flood Risk Information Link. https://www.cityofithaca.org/DocumentCenter/View/15430/Flood-Concerns-Presentation-6-7-2023-1?bidId= 1.3 Proclamations and Awards- Employee Quarterly Recognition Award YouTube Timestamp: 9:51 Discussion Summary: Mayor Lewis announced that recipient Jean Mikula Financial Management Assistant at Streets and Facility is the recipient of the Proclamation award. Jean was nominated by Justin Perkins from the Department of Public Works; both individuals are unable to attend tonight’s meeting. Mayor Lewis will present this award to Jean at their staff meeting. Discussion continued with comments from Council. 1.4 Review and Approval of Minutes 5-3-2023 YouTube Timestamp: 53:32 Discussion Summary: No Discussion Moved By: Alderperson Cantelmo Seconded by: Alderperson DeFendini Vote Passed 9-0 All In Favor Member All In Favor Opposed Abstain/Recuse Cynthia Brock X George McGonigal X Phoebe Brown Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Kris Haines-Sharp X 2 Petitions and Hearings from Persons Before Council 2.1 Statements from the Public YouTube Timestamp: 53:41 Discussion Summary: The Following persons presented comments before council: Amanda Kirchgessner- commented on Flood Insurance and thanked the IFD Jason Houghton- Open Government/Fair Share Campaign Janis Kelly- Public Safety/Announced to be running for Mayor. Matty Termotto- Fair Share Campaign Margaret Fabrizio- Payment In Lieu Of Taxes (PILOT)/ Fair Share Campaign. Submitted public statement via Online portal. Susan Holland – Ithaca Gun Stack Zach Winn- Black Hands Universal, Unbroken Promise Initiative, General Topics/City of Ithaca Pete Myers submitted public statement via Online Portal- City of Ithaca Termination of Worker Common Council Public Comment Form First Name Pete Last Name Meyers Street Address 142 Giles Street Municipality *Note this may be different from your zip code Ithaca State NY Topic of Discussion City of Ithaca Termination of Worker Your Comments Hey All: I write to you as the Director of the Tompkins County Workers' Center. I've been working with a woman, Heather Williams, who was a Parking Lot Attendant with the DPW for a bit over 6 months until VERY RECENTLY, i.e. having just having surpassed the probationary period by close to two weeks. Heather was let go with what appears to be no reason for being let go. Am wondering what the oversight process would be for the Common Council in a matter like this? There are many more details than the above which I'm sure that Ms. Williams will also be sharing with you. Thank you! Pete 607-339-1680 Contact Information pete@tcworkerscenter.org/607-339-1680 Thank you for sharing your thoughts with us. Please note: comments must be 3 minutes (or shorter) in length when read, and must adhere to the Common Council Rules of Order. Until we can all be together again, we wish you good health! Common Council Public Comment Form First Name Margaret Last Name Fabrizio Street Address 105 cascadilla park road Municipality *Note this may be different from your zip code 14850 State NY Topic of Discussion City Cornell PILOT negotiations Your Comments Statement to Common Council, June 7, 2023 Margaret Fabrizio 607 351 6631 I believe government representatives need to be communicative and transparent, especially when it comes to critical issues that affect us all. We have seen too many recent instances of important decisions being made without explanation or any sharing of information. The recent lack of explanation regarding the appointment of a permanent police chief is a prime example. The most recent, though, is the news circulating of a “negotiating team” having been appointed to discuss a new Cornell agreement. I am guessing Cornell would be very interested in getting a new deal in place this summer before a new council and mayor are seated, given that nearly every Council candidate is calling for a significant financial contribution to the city. The current agreement expires June of 2024. Let’s not operate on Cornell’s timetable. Let’s operate on ours! Instead of meeting behind closed doors, let’s use this time to get as well informed as we can about national models for PILOTs and legislative remedies in use and those being proposed. Volunteers of the Fair Share Campaign are continuing to gather data to share with all of you. Please invite us to a future meeting. In fact, I would like to also propose the city host a PILOT conference with invited zoom speakers from communities that have already fought this battle. This is what can help inform our plan. We would be happy to partner with you and city staff on this idea. It is so disheartening to hear that a “negotiating team” has quietly been appointed. The lack of transparency regarding such an enormous city issue that affects all of us is disturbing. Especially a city issue that has had so much recent focus. Do we know how much additional money is needed to make our most critical departments whole and fully functioning again? How much do we need to fix our sidewalks, to fill our potholes, to ensure our water treatment staff don’t get trained and then leave for a higher paying position? How much do we need to fully staff fire and police positions? To fund a new unarmed unit? To pay competitive wages? Do we know how much we spend on responding to false alarms, to gorge rescues? We should not be sitting down at any table with Cornell until we know what our needs and costs are. After that info is publicly communicated to the residents of the city and there is a chance for input, then discussions would be appropriate. Additionally, no one with any conflict of interest should be involved in these discussions, and that includes people expecting to work at Cornell in the near future. This process cannot be tainted in that way. I want to also mention that a PILOT (let’s start using this term rather than Cornell’s preferred MOU term) typically includes a percentage of the TOTAL tax bill due if the institution were to be taxed at the same rate as everyone else. This means discussions with the county and the school district, not just the city and Cornell, should also be planned. It is not just the city that is being shortchanged. According to a PILOT calculation, Cornell would be expected to pay at least 25% of $46M to the Ithaca City School District, or nearly $12M. Instead, they make a contribution of $500,000. This especially matters with teachers calling for more competitive wages and the local school taxes already extremely high. The community has been on an unsustainable path and now is at a breaking point. With ever-increasing assessments and rising tax rates, our needs far exceed our resources. We look forward to public discussions regarding this critical issue for the city, county, and school district. Step 1, take us up on our offer to help inform your thinking about PILOTs. We are not going to get what we deserve with closed door deals. This is going to take involvement of the whole community as has been proven in many other Ivy towns. And it’s not quick, which is why I started talking about this a year and a half ahead of the expiration of the current agreement. We need to build a groundswell and there are many of us willing and ready to help. Partner with us. Share your data. Use ours. Make public what is going on. Let’s organize a PILOT conference. Don’t do this behind closed doors. We deserve better. I welcome your replies. Thank you. Contact Information fabriziomargherita@gmail.com Thank you for sharing your thoughts with us. Please note: comments must be 3 minutes (or shorter) in length when read, and must adhere to the Common Council Rules of Order. Until we can all be together again, we wish you good health! 2.2 Privilege of the Floor YouTube Timestamp: 1:15:12 Discussion Summary: Council responded to public comments, Alderperson Barken reflected on his time in office. 3.1-3.5 Consent Agenda YouTube Timestamp: 1:23:43 Moved By: Alderperson DeFendini Seconded By: Alderperson Nguyen Discussion Summary: No Discussion Vote Passed 9-0 All In Favor Member All In Favor Opposed Abstain/Recuse Cynthia Brock X George McGonigal X Phoebe Brown Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Kris Haines-Sharp X 4 City Administration 4.1 Release of Contingency Funds Black Hands Universal YouTube Timestamp: 1:24:21 Moved By: Alderperson Cantelmo Seconded By: Alderperson DeFendini Discussion Summary: Council expressed concerns about unanswered questions from BHU. Alderperson DeFendini motioned to table the vote. Founder of BHU Harry Smith was not in attendance to participate in the discussion. Motion To Table Moved By: Alderperson DeFendini Seconded By: Alderperson Haines-Sharp Vote Passed 9-0 All In Favor Member All In Favor Opposed Abstain/Recuse Cynthia Brock X George McGonigal X Phoebe Brown Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Kris Haines-Sharp X 4.2 Release of Contingency Funds Unbroken Promise Initiative YouTube Timestamp: 1:34:25 Moved By: Alderperson Cantelmo Seconded By: Alderperson Nguyen Discussion Summary: Alderperson McGonigal motioned to Table the vote. Asked for more detail in Budgetary Line. UPI has not responded to Council on how money would be used. Discussion continued with comments from Council. Mayor Lewis would like Council to clearly communicate to both Organizations Leaders the questions that Council would like to be answered and strongly encourages both to attend virtually this month. Motion To Table Moved By: Alderperson McGonigal Seconded By: Alderperson Barken Vote Passed 8-1 (Nguyen) Member All In Favor Opposed Abstain/Recuse Cynthia Brock X George McGonigal X Phoebe Brown Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Kris Haines-Sharp X 4.3 Report of City Controller YouTube Timestamp: 1:42:18 Discussion Summary: City Controller Steve Thayer reported on the Sales Tax activity for 2023. Provided an Update on City Room Tax Collection, BANDS and Debt Ceiling Impact. Controller Thayer answered questions and addressed comments from Council. City Attorney Lavine joined in to add to discussion and to answer questions from Council. 5 Planning and Economic Development Committee 5.1 2023 HUD Entitlement Action Plan YouTube Stamp: 1:52:39 Moved By: Alderperson Gearhart Seconded By: Alderperson Nguyen Discussion Summary: IURA Director Nels Bohn and Anisa Mendizabal present to take questions and comments from Council. Council thanked Mendizabal for her expertise and excellent work with getting information out to the public and working with applicants for the program. Information provided to council in Agenda Packet Vote Passed 9-0 All In Favor Member All In Favor Opposed Abstain/Recuse Cynthia Brock X George McGonigal X Phoebe Brown Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Kris Haines-Sharp X 5.2 Amendment to HUD Citizenship Participation Plan YouTube Timestamp: 1:55:30 Moved By: Alderperson Gearhart Seconded By: Alderperson Nguyen Discussion Summary: No questions or comments from Council. Mayor Lewis pointed out there is information provided in Agenda Packet. Vote Passed 9-0 All In Favor Member All In Favor Opposed Abstain/Recuse Cynthia Brock X George McGonigal X Phoebe Brown Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Kris Haines-Sharp X 5.3 Smokestack-Resolution to Approve Existing Conditions Assessment YouTube Timestamp: 1:58:09 Moved By: Alderperson Gearhart Seconded By: Alderperson McGonigal Discussion Summary: Historic and Neighborhood Planner Brian McCracken present to take questions and comments from Council. Alderperson Gearhart emphasized this is just a Step 1; a Study of the condition of the Smokestack to assess the condition of the Smokestack. Cost of the assessment is being split between the City and Developer. Vote Passed 8-1 (Brock) Member All In Favor Opposed Abstain/Recuse Cynthia Brock X George McGonigal X Phoebe Brown Ducson Nguyen Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Kris Haines-Sharp X 6 New Business/Member Filed 6.1 Recommendation from 3rd Ward Vacancy YouTube Timestamp: 2:05:19 Moved By: Alderperson Gearhart Seconded By: Alderperson Cantelmo Discussion Summary: Mayor Lewis thanked Alderperson Barken for his service. Alderperson Barken’s submitted letter of resignation effective June 30th. Donna Fleming was appointed to fill the 3rd Ward seat. For Public awareness Alderperson Gearhart commented on how the vacancy was advertised. Donna Fleming was the only application received for vacancy. Vote Passed: 9-0 All In Favor Member All In Favor Opposed Abstain/Recuse Cynthia Brock X George McGonigal X Phoebe Brown Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Kris Haines-Sharp X 7.1- 7.4 Reports from Council and Staff YouTube Timestamp: 2:08:43 Special Committee- No Report Council Liaisons YouTube Timestamp: 2:08:54 Discussion Summary: Alderperson Haines-Sharp reported on report GIAC, Alderperson Gearhart reported on Downtown Ithaca Alliance Board; Alderperson McGonigal provided and update on Labor Negotiations. Mayor Lewis pointed out this is Council’s first time having a Council Labor Liaison and Negotiation Team. Mayor Lewis provided names of Negotiation Team Reports from City Clerk- No Report Report from City Attorney YouTube Timestamp: 2:14:46 Discussion Summary: City Attorney Lavine provided a brief update on the Exterior Property Maintenance Ordinance status; The City has recently filed Brief on Appeal; Second update given regarding the US Supreme Court’s decision on the Tyler vs Hennepin County, the manner in which foreclosures are processed. City Attorney Lavine made council aware that the City is coordinating around the instructions from the Supreme Courts decision. Discussion continued with comments from 8 Executive Session- No Executive Session 9 Meeting Wrap Up 9.1 Meeting Adjourn YouTube Timestamp: 2:18:02 Moved By: Alderperson Nguyen Seconded By: Alderperson Cantelmo Discussion Summary: Motion to Adjourn Vote Passed: 9-0 All In Favor Member All In Favor Opposed Abstain/Recuse Cynthia Brock X George McGonigal X Phoebe Brown Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Kris Haines-Sharp X 3.1 GIAC – Amend 2023 Authorized Budget for Equipment WHEREAS, GIAC has received a grant from the IURA to purchase 10 computers and monitors for GIAC programming, and WHEREAS, the cost for said computer equipment for GIAC is $13,816, now, therefore be it RESOLVED, That Common Council hereby amends the 2023 Authorized GIAC Budget in an amount not to exceed of $13,816 as follow: Increase Appropriation Account A7311-5210-01100 Office Equipment $13,816 Increase Revenue Account A7311-4989 Federal Aid $13,816 Carried Unanimously 3.2 DPW – Amend 2023 Authorized DPW Parking Budget for Insurance Recovery WHEREAS, on January 25, 2023, damage was done to one of the City’s Parking Pay Station at the Green Street parking Garage producing an insurance recovery of $22,310, and WHEREAS, the city parking staff have decided that the city would be better served if the insurance recovery funds went toward the purpose of other parking related expenses including new and improved parking equipment in the parking garages instead of a replacement of the Parking Pay Station, now, therefore be it RESOLVED, That Common Council hereby amends the 2023 Authorized DPW Parking Budget by an amount not to exceed $22,310 as follows: Increase appropriation account A5651-5225 Other Equipment $22,310 Increase revenue account A5651-2680 Insurance Recovery $22,310 Carried Unanimously 3.3 Approval of AOC Recommended Budget for 2023 WHEREAS, Section 15.12 of the Franchise Agreement of January 2003 between the City of Ithaca and the franchisee Time Warner Entertainment-Advance/Newhouse Partnership (TWC), subsequently assigned to Charter Communications, Inc. (d/b/a Spectrum Networks) after Charter's 2016 acquisition of TWC, requires the participating municipalities (City of Ithaca, Town of Ithaca, Village of Cayuga Heights) to provide the franchisee with an annual written budget for Public, Educational and Governmental access operations (PEG) by June 30 of each calendar year, and WHEREAS, the Franchise Agreement authorizes Charter Communications to collect $0.15 per subscriber per month to be used for the purchase of equipment for the PEG Access Studio, and WHEREAS, the City of Ithaca's Ordinance #2003-17, Par 18-4-G, requires the Access Oversight Committee (AOC) to provide the Participating Municipalities with a recommended annual budget by May 31 of each calendar year, and WHEREAS, the AOC has reviewed PEG’s current equipment and facilities and anticipates that new or replacement equipment and facilities will likely be needed, including certain playback equipment; and WHEREAS, at their regular meeting on April 4, 2023, the AOC recommended a $29,000.00 contingency to purchase equipment as needed for the functioning of PEG operations, pending receipt and AOC approval of line- item estimates, therefore be it RESOLVED, That the Common Council of the City of Ithaca accepts the AOC recommended budget for Spectrum Network’s 2024 annual budget for Public, Educational and Governmental access. Carried Unanimously 3.4 Water and Sewer - Request to Amend 2023 Budget WHEREAS, the City of Ithaca adopted their Drinking Water Source Protection Plan for Six Mile Creek in November 2022.  The Plan was developed by a broad base of stakeholders from the watershed and with the support of NYS DEC and NYS DOH.  It is now a NYS recognized Clean Water Plan; and WHEREAS, a Plan Management Team (PMT) was created and Ithaca's PMT is comprised of members from the City of Ithaca, Towns of Caroline, Danby, and Dryden, Tompkins County Planning and Health Departments, Tompkins County Soil & Water Conservation District, an Agricultural sector representative, and the Finger Lakes Land Trust; and WHEREAS, the PMT submitted a grant application to Great Lakes Basin Small Grants Program to conduct a build-out analysis for the following areas as an implementation task of the City of Ithaca Drinking Water Source Protection Program (DWSP2) Plan (September 2022): Route 79 corridor (Towns of Caroline, Dryden and Ithaca) Coddington Road corridor (Towns of Danby and Ithaca) and is supported by an agreement with Cornell University in partnership with New York Sea Grant under Prime Agreement CM04068 from the New York State Department of Environmental Conservation; and WHEREAS, the Subaward is wholly reimbursable and did not require a local match; now, therefore be it RESOLVED, That Common Council hereby amends the 2023 Authorized Water Fund Budget to account for the said subaward as follows: Increase Revenue Account: F8330-3989 State Aid Home & Community $45,500.00 Increase Appropriations Account: F8330-5435 Contracts $45,500.00 Carried Unanimously 3.5 Water and Sewer - Request to Amend 2023 Budget WHEREAS, the City of Ithaca Water Treatment Plant has requested and been approved for funds from the Park Foundation to test a model developed by Professor Emeritus Dr. Bouldin. He has developed a model of inorganic solution chemistry for Cayuga Lake. It is hoped to advance the work further so that the model can be used to improve our understanding of Cayuga Lake, cyanobacterial blooms, and the impacts of climate change specifically on Cayuga Lake’s inorganic solution chemistry ; and WHEREAS, the goal of this project is to complete the testing of this model and to advance the work of Dr. Bouldin by completing the test of his model; and WHEREAS, the Laboratory Director for the City of Ithaca’s Water Treatment Plant (CIWTP) wants to hire a master’s student intern with a good understanding of inorganic water chemistry to complete the testing of the model; now, therefore, be it RESOLVED, That Common Council hereby amends the 2023 Water Fund budget as follows: Increase Revenues: F8330-2705 Gifts and Donations $2,200.00 Increase Expenses: F8330-5120 Part time/Seasonal $1,995.00 F8330-9030 Social Security $155.00 F8330-9040 Workers’ Compensation $50.00 $2,200.00 Carried Unanimously 4.1 Release Funds from 2023 Restricted Contingency Account- Black Hands Universal WHEREAS, Common Council as part of the 2023 Authorized Budget placed $50,000 for Black Hands Universal, Inc. into the Restricted Contingency Account, and WHEREAS, we have now received sufficient information to release the funds for 2023 programming, now therefore be it RESOLVED, That Common Council hereby releases an amount not to exceed $50,000 in funding from the 2023 Restricted Contingency Account A1990 and transfers those funds to account A1012-5435 Community Service Contracts for the purposes of funding 2023 Black Hands Universal programming, and be it further RESOLVED, Common Council hereby authorizes the Mayor, on advice of the City Attorney, to execute the contract for Black Hands Universal Vote Tabled Carrie Unanimously 4.2 Release Funds from 2023 Restricted Contingency Account – Unbroken Promise Initiative WHEREAS, Common Council as part of the 2023 Authorized Budget placed $50,000 for the Unbroken Promise Initiative into the Restricted Contingency Account, and WHEREAS, we have now received sufficient information to release the funds for 2023 programming, now therefore be it RESOLVED, That Common Council hereby releases an amount not to exceed $50,000 in funding from the 2023 Restricted Contingency Account A1990 and transfers those funds to account A1012-5435 Community Service Contracts for the purposes of funding 2023 Unbroken Promise Initiative programming, and be it further RESOLVED, Common Council hereby authorizes the Mayor, on advice of the City Attorney, to execute the contract for the Unbroken Promise Initiative. Tabled Carried 8-1 (Nguyen) 5.1 Draft 2023 Action Plan: City of Ithaca — HUD Entitlement Program WHEREAS, the City of Ithaca (City) is eligible to receive an annual formula allocation of funds to address community development needs through the U.S. Department of Housing & Urban Development (HUD) Entitlement program from the Community Development Block Grant (CDBG) program and the HOME Investment Partnerships (HOME) program funding sources, and WHEREAS, the City has contracted with the Ithaca Urban Renewal Agency (IURA) to administer, implement and monitor the City’s HUD Entitlement program in compliance with all applicable regulations, and WHEREAS, on an annual basis, an Action Plan must be submitted to HUD to access HUD Entitlement Program funding allocated to the City, and WHEREAS, the 2023 Action Plan identifies a specific list of budgeted community development activities to be funded from the 2023 HUD Entitlement Program allocation and associated funds administered by the IURA, and WHEREAS, the IURA employed an open and competitive project selection process for development of the 2023 Action Plan in accordance with the City’s Citizen Participation Plan, and WHEREAS, a two-part Public Hearing to review 2023 Annual Action Plan proposals was held on February 23, 2023 and March 2, 2023, and WHEREAS, on March 8, 2023, the U.S. Department of Housing and Urban Development (HUD) released the 2023 CDBG and HOME funding allocations for the City, and WHEREAS, available funds to be allocated through the 2023 Action Plan funding process include the following: $637,714.00 CDBG 2023 Allocation $140,000.00 CDBG 2023 Projected Program Income $ 15,333.20 CDBG Recaptured/Unallocated Funds $333,264.00 HOME 2023 Allocation $ 11,124.00 HOME Recaptured/Unallocated Funds $1,137,435.20 Total, and WHEREAS, the IURA used an open and competitive project selection process for development of the 2023 Action Plan in accordance with the City of Ithaca’s Citizen Participation Plan, and WHEREAS, a Public Hearing on the draft Action Plan was held on May 17, 2023; now, therefore, be it RESOLVED, that the Common Council hereby adopts the City’s 2023 HUD Entitlement Action Plan, including the attached summary table titled “IURA Recommended Draft 2023 Action Plan, City of Ithaca, NY,” dated March 23, 2023, for allocation of the 2023 HUD Entitlement Program award, along with associated funds listed above, and be it further RESOLVED, that the Urban Renewal Plan shall be amended to include activities funded in the adopted 2023 Action Plan. Carried Unanimously 5.2 5th Amendment to HUD Entitlement Citizen Participation Plan: HUD Approval for Substantial Amendments, Anonymous Public Comments WHEREAS, the Citizen Participation Plan (CPP) establishes the City of Ithaca’s procedures for involving the public in development and implementation of the U.S. Department of Housing and Urban Development (HUD) Entitlement Program, and WHEREAS, the City has contracted with the Ithaca Urban Renewal Agency (IURA) to administer, implement and monitor the City’s HUD Entitlement program in compliance with all applicable regulations, and WHEREAS, the IURA considered two issues for clarification in the CPP: 1. HUD approval of substantial amendments to a 1-year Action Plan or 5-year Consolidated Plan, and 2. Treatment of anonymous comments received, and WHEREAS, at their February 23, 2023 meeting the IURA recommended adoption of the proposed 5th Amendment to the CPP; now, therefore, be it RESOLVED, that the Common Council for the City of Ithaca hereby adopts the 5th amendment to the City of Ithaca HUD Entitlement Citizen Participation Plan, dated January 27, 2023, to clarify: 1. that a proposed substantial amendment to a Consolidated Plan or Action Plan requires approval from the U.S. Department of Housing & Urban Development (HUD), and 2. that anonymous public comments received will be accepted and treated on a case-by-case basis regarding the specific circumstances involved. Carried Unanimously 5.3 Resolution- Ithaca Gun Company Smokestack Existing Conditions Assessment WHEREAS, as stated in Plan Ithaca, the City’s comprehensive plan, it is the City’s goal that “all historic resources worthy of preservation will be protected, whether formally designated or not;” and WHEREAS, the Ithaca Gun Company smokestack is the only remaining architectural artifact from the factory complex of the Ithaca Gun Company, an internationally recognized and respected manufacturer of handcrafted firearms that operated along Fall Creek near Ithaca Falls for over 100 years; and WHEREAS, the smokestack was identified as having historic and architectural value in the 1990 Reconnaissance Level Survey of Historic Resources, City of Ithaca, New York, and is considered an undesignated historic resource; and WHEREAS, Common Council approved the Amended and Restated Redevelopment Agreement for the former Ithaca Gun Company factory site (Agreement) at the regular January 4, 2023, Common Council meeting; and WHEREAS, the agreement outlines several options for the treatment and disposition of the smokestack, including a process through which the Developer and City partner to prepare an existing conditions assessment of the structure; and WHEREAS, in its capacity as an advisor to Common Council, the Ithaca Landmark Preservation Commission (ILPC) reviewed the agreement, specifically the provisions related to the treatment and disposition of the Ithaca Gun smokestack, at their regular December 20, 2023, meeting and prepared the following recommendation: The ILPC believes it is in the best interest of the community to conduct this analysis and recommends that the City partner with the Developer to commission an existing conditions assessment of the smokestack as outlined in Section 8 of the agreement; and WHEREAS, a public input survey was distributed throughout the community to garner feedback on the value of the historic resource and the use of City funds to pay for a portion of the existing conditions assessment; and WHEREAS, the results of the survey showed support for the preservation of this historic resource and the use of City funds to commission an existing conditions assessment; now, therefore, be it RESOLVED, that the City [will/will not] partner with the Developer to commission an existing conditions assessment of the former Ithaca Gun Company smokestack, and be it further RESOLVED, that Common Council [authorizes/does not authorize] City staff to work with the Developer to identify a professional meeting the qualifications specified in in Section 8 of the Amended and Restated Redevelopment Agreement for the former Ithaca Gun Company factory site to conduct said assessment, and be it further RESOLVED, that the identified professional, final project budget and a funding proposal will be submitted to Council for consideration and approval. Carried 8-1 (Brock) 6.1 Resolution to Fill 3rd Ward Vacancy RESOLVED. That Donna Fleming be appointed to fill the vacancy in the Third Ward created by the June 30 resignation of Alderperson Jeffrey Barken. Carried Unanimously