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.