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HomeMy WebLinkAboutMN-PEDC-2023-11-15 City of Ithaca Planning and Economic Development Committee November 15, 2023 11-15-23 PEDC Monthly Meeting (youtube.com) Draft Minutes Committee Members Attending: Rob Gearhart, Chair; Alderpersons Phoebe Brown, Cynthia Brock, Ducson Nguyen, and Tiffany Kumar Committee Members Absent: Other Elected Officials Attending: Mayor Laura Lewis Staff Attending: Lisa Nicholas, Director, Planning and Development Department; Nikki Cerra, Environmental & Landscape Planner; Nels Bohn, IURA Director Others Attending: None 1) Call to Order/Agenda Review Chair Gearhart read the emergency evacuation procedures and then called the meeting to order at 7:05 p.m. No changes were made to the agenda. 2) Public Comment Teresa Alt, 206 Eddy Street, spoke in favor of the response protocol to unsanctioned encampments presented by Nels Bohn. We will have to move slowly, set up an attractive green zone, let people come voluntarily, let them have a good experience, let others hear about it, and follow. Zach Winn, South Geneva Street, spoke on the proposed response protocol for unsanctioned encampments. He finds this idea terrifying. He’s been documenting an encampment in the green zone for several months now. It is decorated with swastikas and a Confederate flag. The proposed policy ignores the character of life in these encampments with acts of violence, arson, theft, and drug use. The plan will remove armed police whose presence will be essential in ensuring the safety of people. Police are the one ally for many in these encampments. They are not considered the enemy. It is unrealistic to expect people camping illegally to obey instructions to vacate or have their belongings removed without police presence. He does appreciate that the plan calls for lighting that would aid first responders and deter bad behavior. Removing brush and undergrowth would be wise move to allow for a better line of sight. He encourages members of this committee to please go visit these areas. Ohn Kimelman, 510 North Plain Street, spoke on the homeless people in the downtown area. He has three children who cannot safely ride their bikes because of addicts and criminals in the street. He can’t even walk the streets with his wife and kids at night because it's too dangerous. He asked where the money is coming from and why we are supporting this? Why do our taxpayer dollars need to support the unhoused? Why are we not taking care of our schools, our roads, or everything else. He has to replace brakes and shock suspensions on his work vans three times a year because of the huge number of potholes on City streets. Last winter he had to shoo people out of his storefront three times because they were just sleeping on the road drugged out of their mind. Now it is his problem having to pay for an ambulance and the fire department. Why are other people’s problems now our problems? What happened to this beautiful town? We had five people that used to roam the streets but didn't bother anybody. Now we have a person in every corner. Committee Response: Can be heard at 11-15-23 PEDC Monthly Meeting (youtube.com) timestamp 11:30. 3) Special Order of Business – None 4) Announcements, Updates, Reports 4.1 Short-Term Rentals – Community Conversation with Additional Outreach – An Update. Director Lisa Nicholas reminded everyone that a community conversation will be held tomorrow, November 16th, at the Borg Warner Room at the Tompkins County Library from 4:00 – 6:00 p.m. An open house will run from 4:00 to 5:00 p.m. then a presentation followed by questions from 5:00 to 6:00 p.m. The flyer has a nifty QR code that can be scanned to take a survey. Well over 200 people took the survey which brough a huge diversity of opinions. The survey will remain open for a certain amount of time. There will also be a website up with all the information. 5) Action Items (to Council) 5.1 Annual Lead Agency Concurrence 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 Moved by Alderperson Nguyen; seconded by Alderperson Brock. Carried unanimously. 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. 6) Discussion Items 6.1 Proposed Response Protocol for Unauthorized Encampments on City Property The discussion of this item can be heard at 11-15-23 PEDC Monthly Meeting (youtube.com) timestamp 27:15. M E M O R A N D U M To: Planning & Economic Development From: Nels Bohn, IURA Director of Community Development Subject: Response Protocol to Unsanctioned Encampments Date: November 9, 2023 ============================================================================ Please find attached for discussion proposed frameworks for responding to unsanctioned encampments on City lands. Please note that this proposal provides different protocols for City Lands that are actively managed from City lands that lack defined public programming and are lightly managed. Stewart Park is an example of a site that is “actively managed” as it has dedicated staff on weekdays and weekends to maintain, patrol and keep the site clean. As such the presence of an encampment at Stewart Park will be detected within 24-72 hours of its establishment. Other actively managed City lands include parks, natural areas with public access paths, parking garages, grounds at City-owned buildings, The Commons, the Cayuga Waterfront Trail, the golf course, street rights-of-ways, and water & sewer facilities. Historically, the vast majority of encampments have occurred at lightly managed city lands, such as the former Southwest Park, 119 Brindley St (area between Brindley and Cecil A. Malone Drive), and public lands at the end of Cherry Street. These areas lack dedicated staff to patrol and manage these sites. Encampments at these locations may exist for weeks or months before they come to the City’s attention and require a different approach. The proposed protocols de-emphasize reliance on the threat of interaction with law enforcement and citations issued by police officer to gain compliance. Rather, the proposed protocols focus on removing or relocating unauthorized tangible property on public property. Gaining compliance after the fact requires far more effort than preventing a violation in the first place. In this case, minimizing the number of persons experiencing unsheltered homelessness is the most effective means to achieve compliance with the City policy prohibiting unsanctioned encampments. Following is a listing of several strategies that can minimize unsanctioned encampments: • Erect clear signage on city lands - no camping, night time closure • Actively advocate efforts to minimize barriers to the Emergency Shelter • Support a housing surge to connect persons experiencing unsheltered homelessness to housing opportunities • Invest in the “Green” Zone to make it an attractive alternative to camping elsewhere • Maintain regular mowing & maintenance, erection of lighting, and open sight lines on public property • Convert underutilized public lands to inclusive active public day use areas • Clean up of abandoned encampments ACTIVELY MANAGED PUBLIC LANDS Response Protocol to Encampments on Unauthorized Encampment Step Action Who 1 Verbal Notification (if occupied) • Verbally notify camper of camping prohibition and request compliance • Notify camper of City Policy temporarily authorizing camping in the Green Zone where support amenities for camping are available • Document site with photo City staff responsible for management of site 2 Report Encampment • Communicate presence of encampment to Continuum of Care, Outreach Workers & City Manager (or designee) of encampment City staff responsible for management of site 3 Post 24-hour Notice to Vacate • Post Notice to Vacate within 24 hours at encampment site. • Attach and/or distribute listing of shelter and housing resources • Post and/or distribute map showing location of the Green Zone where camping is temporarily allowed and sanitary and hygienic amenities are City staff responsible for management of site provided Sample notice language: “Overnight camping is not allowed at this site. This notice is to notify you that this encampment will be removed by City staff on XX/XX/XXXX” (insert date) 4 Encampment Property Removal (if necessary) • Remove tangible property for disposal • The following personal items shall be temporarily stored: personal identification documents, wallet/purse, eyeglasses, prescription medicines, photographs, and similar small items City staff responsible for management of site – supported by IPD unarmed officers if requested 5 Campsite remediation • Remediate campsite to original condition City staff responsible for management of site Note If City Dept. staff feel unsafe or are unable to undertake an action, they may request the City Manager to assign alternative and/or additional City staff or a contractor to undertake the action LIGHTLY MANAGED PUBLIC LANDS Response Protocol to Encampments on Unauthorized Encampment Site Visit # Actions Who Pre-Site Visit • Report Encampment to community partners, including Continuum of Care and Outreach Workers • Offer to coordinate relocation • Explore opportunities for shelter or housing leading to voluntary relocation City Homeless Outreach Coordinator (or alternative staff/contractor assigned by City Manager) 1st NOTIFICATION • If camper present, notify camper of camping prohibition verbally and in writing and request compliance (if camper present). If camper not present, post a “no camping” sign specifying that overnight camping is prohibited at this site and the encampment is in violation of City City Homeless Outreach Coordinator policy • Notify camper in writing and/or verbally of location where camping is temporarily allowed with support amenities. • Attach and/or distribute listing of shelter and housing resources. • Offer voluntary relocation assistance services to shelter, housing or compliant location. • Document site with photo. 2nd 2nd NOTIFICATION • If camper present, identify this as the second visit to provide notification that the encampment is prohibited at this site and notify camper verbally and in writing of the city policy and request a time line for compliance. Post “no camping – 2nd warning” sign. • Re-notify camper of Green Zone • Re-offer voluntary relocation services. • Notify camper of the next planned site visit and next steps in the City policy • Document site with photo City Homeless Outreach Coordinator 3rd FINAL WARNING • If camper present, identify this as the third visit to seek relocation and notify camper that failure to comply will result in a final visit that may include outreach workers, first responders, law enforcement personnel, and DPW staff with trucks and equipment to facilitate removal of unauthorized property from City land. Post “notice to vacate” sign that this encampment will be removed by City staff on XX/XX/XXXX (insert date). • Re-notify camper of Green Zone City Homeless Outreach Coordinator • Re-offer voluntary relocation services. • Document site with photo Final ENCAMPMENT PROPERTY REMOVAL • If camper present, identify this as the fourth and final site visit to bring the site into compliance. • Seek voluntary compliance with relocation • Remove tangible property for disposal • The following personal items shall be temporarily stored: personal identification documents, wallet/purse, eyeglasses, prescription medicines, photographs, and similar small items City Homeless Outreach Coordinator & team to facilitate relocation Note City Homeless Outreach Worker expected to be accompanied by a community partner and/or City staff assigned by the City Manager for each site visit. Response Protocol at Unprogrammed public lands without assigned City Dept. staff to Priorities for Responding to Unsanctioned Encampments Due to limited resources, the City will prioritize site visits based on impact of particular encampments, which is determined based on a combination of factors including but not limited to: • Amount of uncontained debris • Extent to which the encampment poses dangers • Extent of uncontained debris • Proximity to a private residence or entrance of a retail/hospitality business • Proximity to public use trails • Environmental impact on natural resources and/or presence of hazardous materials • Evidence of conspicuous illegal drug use • Obstruction of construction or maintenance activities • Proximity to park boundaries 7) Review and Approval of Minutes a) August 2023 Moved by Alderperson Nguyen; seconded by Alderperson Kumar. Passed unanimously. 8) Adjournment Alderperson Kumar moved to adjourn the meeting; seconded by Alderperson Nguyen. The meeting adjourned at 7:55 p.m.