HomeMy WebLinkAboutMN-CC-2022-03-02COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. March 2, 2022
PRESENT: Acting Mayor Lewis Alderpersons (9) Brock, McGonigal, Nguyen, Brown, Gearhart, Mehler, DeFendini,
Lewis, Cantelmo
OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Lavine
City Controller – Thayer
Human Resources Director – Michell-Nunn Community Development Director – Bohn Assistant Superintendent of Water & Sewer - Gibson Chief of Staff – Vavra
ABSENT: Alderperson Barken ADDITIONS TO OR DELETIONS FROM THE AGENDA :
Alderperson Cantelmo requested the deletion of Item 4.6 - MOU’s for Outside Organizations Funded in the 2022 Budget from the agenda. No Council member objected.
PROCLAMATIONS / AWARDS : Quarterly Employee Recognition Award Acting Mayor Lewis presented the Quarterly Employee Recognition Award to the Department of Public Works work crews. Multiple nominations received highlighted the fact that DPW crews are called on to address a myriad of issues in dangerous
conditions, at all times of the day and night, and in all types of weather conditions. They are truly unsung heroes. SPECIAL PRESENTATIONS BEFORE COUNCIL: Reimagining Public Safety Collaborative
On June 12, 2020, New York State Governor Andrew Cuomo issued Executive Order 203 in order to call upon local governments that operate police agencies to study their current operations and develop a plan to address “the particular needs of the communities served by such police agency and promote community engagement to foster trust, fairness, and legitimacy, and to address any racial bias and
disproportionate policing of communities of color” with a directive to respond to the Governor by April 1, 2021.
Beginning in September 2020, the City and Tompkins County appointed nearly forty individuals, based upon their content expertise, role within the system, and the ability to
address and implement solutions, to participate on five Working Groups
(Leadership/Administration/Budget, Communications/Community, Law Enforcement/Public Safety, Data Analysis, and Academic/Research), with each Working Group charged to gather information and examine specific functional areas within local law enforcement in a project that came to be called Reimagining Public
Safety.
The City of Ithaca and Tompkins County also engaged the services of a consultant, Center for Policing Equity, to assist with the administration and organization of the study of these policing issues, including examination of police force deployments, strategies, policies, procedures, and practices, and to provide informational resources to the Working Groups, and
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On March 31, 2021, Common Council adopted the following City-specific recommendations:
• Create a new department, tentatively named the Department of Public
Safety (DPS), which may be led by a civilian to manage various public safety functions in the City.
• Create a task force to design the new department
o This task force shall include some combination of IPD staff, other City staff, Alderpersons, interested City residents, and outside
experts or consultants
o The DPS will include a unit of unarmed first responders to respond to certain non-violent call types. The precise identification of such call- types shall be subject to further study to minimize risks to the public and to unarmed first responders that could arise if violence
occurred
o The DPS will retain a unit whose members will qualify in all respects under New York State law as police officers, with said unit therefore led by someone who shall qualify in all respects under New York State law as a Chief of Police
o The DPS may be overseen by a civilian director with relevant emergency response and administrative experience who can lead the DPS toward the goals of the “Reimagining Public Safety Plan” o The task force shall submit its recommendations, including budget estimates, naming conventions, and a timeline for public review
and comment, to Common Council by September 1st, 2021
Director of the Community Justice Center Monalita Smiley and Co-Chairs of the Reimagining Public Safety Collaborative Eric Rosario and Karen Yearwood presented the “Implementing the City of Ithaca’s New Public Safety Agency” report. They highlighted the following elements of the report:
Naming a new umbrella city agency for public safety:
• The Working Group suggest that the new city agency for public safety be named
the Department of Community Safety.
• The title of the leader of the Department of Community Safety should be “Commissioner of Community Safety”.
• The position of Commissioner of Community Safety should be filled by a civilian
leader.
• The Commissioner of Community Safety should bring a background in racial justice and social work, public health, public or business administration, and
demonstrate in-depth knowledge of the intersections of race, public health, and
public safety. Names and leadership structures of the two Department of Community Safety units:
• The two units of first responders within the Department of Community Safety should be titled the Division of Police (staffed by police officers) and the Division of Community Solutions (staffed by civilian first responders).
• The Commissioner of Community Safety should oversee both divisions.
• Reporting to the Commissioner of Community Safety, the head of the Division of Police should be called the Director of Police (who may also be referred to as the Police Chief, where necessitated by state law). Initially, this division will consist of all existing staff of the current Ithaca Police Department.
• Reporting to the Commissioner of Community Safety, the head of the Division of Community Solutions should be called the Director of Community Solutions. This division should consist of unarmed civilian first responders. Key responsibilities of the two Department of Community Safety units:
• The Division of Police should retain key law enforcement responsibilities, in particular those calls that represent a serious threat to public safety and/or that state law requires be conducted by a police officer.
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• The Division of Community Solutions should respond to quality of life and other incidents (including those involving referrals to mental health or other social
service providers), and may also include law enforcement duties that can be
carried out by non-police (i.e. the administration of certain kinds of fines and penalties). Call delineation:
• The new Division of Police should respond to the following calls for service: o Assault; Bomb Threat; Burglary; Criminal Mischief; Dead Body; House Alarm Triggers; Intoxication; Robbery; Shots Fired; Stabbing; Warrant; Weapons; 911 Call Hangup.
• The following call types should be handled by unarmed responders from the Division of Community Solutions and other departments: o Animal Bites; Animal Problem; Bad Check; Child Abuse; Civil Complaint;
Escort; Fire Outside; Fireworks; Fraud; Hazmat; Information; Local Law; Noise Complaint; Parking Problem; Personal Injury Collision; Property Check; Property Complaint; Repossessed Vehicle; Service Call; Special Detail; Theft of Mail/Packages; Traffic Collision; Unclassified; Vehicle Fire; Welfare Check.
• The following call types were categorized as “it depends”. These call types should be further analyzed to determine if they need to be broken down into smaller categories (new call types) in order to effectively delineate a response, if
they need an in-person response at all, or if they merit a co-response between
armed and unarmed responders:
o Assisting Another Government Resource; Disorderly Conduct; Dispute: Domestic; Drugs; Harassment; Missing Person; Overdose; Psychiatric; Sex Offense; Suspicious; Traffic Complaint; Traffic Offense; Transport;
Trespassing; Unsecured Premise; 911 Call with No One Talking.
• A joint response between the Division of Police and the Division of Community Solutions should be considered in cases which merit it (for example, trespassing
incidents where there is a potential threat to public safety). A co-response model will be determined under the leadership of the new Commissioner of Community Safety. Staffing level, beat design and shift assignment suggestions
Brown – didn’t include the history of policing. If we don’t know our history, we’re doomed to repeat it. How can we heal if we have not acknowledged the disparity that black and brown and indigenous people have experienced with police. This did not begin with George Floyd. Lewis – heard from former City Historian who went in depth
with the history of policing. Yearwood – thank you for bringing that up – US history along with NYS history – Tomlan described history in Ithaca…1912 first female officer brought in to address quality of life issues – lasted for five years. Should be placed on IPD’s website. Rosario – Tomlan only went to a certain point in time (1970’s) and that history needs to be written.
Cantelmo – thanks for the presentation. Hiring 5 unarmed responders to respond to 1/3 of the calls in to the 911 center – seems low. Clearer picture of the budgetary components – doesn’t see anything for additional administrative support for the division and other costs. Lewis – this proposal expands a few years of budget cycles. One of
the first things to be considered will be the Commissioner of Community Safety. Yearwood – Common Council will appoint a task force to conduct the budget review with the Community Justice Center.
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DeFendini – thank you to the presenters for all of the work put forth. Thinks there are really good reforms to public safety, but thinks that some fall short. Five unarmed responders vs. 60+ membership of the police. Doesn’t send a strong message of
reimagining. A mistake not to make a recommendation of what the police department
budget should be especially since many of the responsibilities will be assigned to the community responders. Yearwood – change takes time. A lot of information was put forth, had to learn about the call delineation types, etc. Individuals will need to go through a paradigm shift. Rosario – trying to set up a structure that will allow them to
build forward from here. Lewis – estimates in proposed budget may change and there
will be shared services (ie. payroll, administrative support). There will be regular reports to Common Council as the implementation begins. The new Commissioner will set the tone and the culture for the department.
McGonigal – noticed there wasn’t any office staff for new Commissioner or Director of
Community Responders. Five responders is an experiment to see how all of this will work. Doesn’t think that the police should be limited to high pressure calls – could create another set of cultural problems. Rosario could use additional time for purposeful and meaningful interactions with the community in a more positive way.
Brock – thanks for all of the dedication and coordination and the frank and honest report. Recognize that the charge…the culture of policing and interaction is at the root of everything we are hoping to do. Very little in the report deals with that culture – committee was not charged with looking at that. Internal staffing reviews, corrective
behaviors and training. This is an evolutionary process – County is piloting an unarmed
response….seems like a pilot program might be the way to go before we establish a whole new model. Five community responders are probably not enough. Not all responses should be by a city staff member – some responses should come from county agencies. What would be the role of the Police Chief be? All department heads
are approved by Common Council. By taking the chief of police out as a department
head, you would be taking away Council’s ability to….. Lewis – at this point the City would not be able to implement a pilot program as the Commissioner would set some of that in place with the Mayor to set the culture of the department. Doesn’t want to start discussions about staffing positions yet. Rosario –
charge from Council called for the creation of a new department with two units and that
the police unit would be overseen by the Chief of Police. Council could create whatever roles you wanted in terms of the two directors of the divisions. Brock – the Commissioner of the Department could also be the Chief of Police by law. Lewis that was not the intent of the Resolution – Brock disagrees – Resolution wouldn’t have
passed without the flexibility written into it.
Yearwood – have passed the report on to the City Attorney for his review and advice on placement of the positions. Stitley will go through the call types….police have said they are overworked and overwhelmed. Charged to look at what has been happening in the
brown and black communities – need research and data to gather this information.
Police Chief needs to be according to NYS law. Nguyen – supposed to talk about this in April, how will the report be turned into legislation and referendum, etc. Lewis, tonight was the first presentation of the working
group recommendations. There will be time for more discussion at the April meeting.
What resolutions will be necessary will be informed by city staff – not sure that referendum will be needed. Lavine – depending on the version of events that Council chooses moving forward. Good chance that this would need to go to referendum –
Council would need to adopt something by the July 2022 meeting to go to the
November 2022 General Election. Would be wise for Council to select a direction by the May Common Council meeting. Brock – how were the two organizations selected and funded, was there an RFQ
process? Matrix company – Center for Policing Equity.
The full report can be found here:
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PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council:
The following people addressed Common Council regarding the Reimagining Public
Safety Initiative: Genevieve Rand Maddie Halpert
Zachary Winn
PRIVILEGE OF THE FLOOR – MAYOR AND COUNCIL
Alderperson Brown responded to comments made by Mr. Winn regarding the history of policing in America.
Alderperson McGonigal responded to comments made by the speakers noting that calling people out by name in a public meeting is bad form.
CONSENT AGENDA: CITY ADMINISTRATION COMMITTEE: 3.1 GIAC – Amendment to Personnel Roster By Alderperson Cantelmo: Seconded by Alderperson DeFendini WHEREAS, the Greater Ithaca Activities Center (GIAC), has historically provided a safe and reliable space to accommodate job relief, community service, or part-time seasonal
workers; and WHEREAS, local courts, justice organizations, social services organizations, higher education institutions, and job training organizations have sought out and come to rely on GIAC as a partner for placing community service and job training participants; and
WHEREAS, GIAC’s Custodial Worker is often needed to supervise seasonal custodial staff, volunteers and/or community service placements, many of whom help GIAC meet its custodial needs throughout the year; and
WHEREAS, the current title and duties of Custodial Worker do not include nor compensate for supervisory responsibilities; and WHEREAS, changing the position to a working supervisor, such as Custodian would legally allow for the supervision to happen; now, therefore, be it
RESOLVED, That the Personnel Roster of the Greater Ithaca Activities Center be amended as follows: Add: One (1) Custodian (40 hours/week)
Unfund: One (1) Custodial Worker (40 hours/week) and be it further RESOLVED, That the position of Custodian shall be assigned to the CSEA DPW Unit
Compensation Plan at salary grade 4, 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 eight (8) hours per day (forty (40) hours per week),
and be it further RESOLVED, That funding for this position shall be derived from the approved 2022 departmental budget. Carried Unanimously (9-0) 3.2 DPW - Stewart Avenue Bridge Project
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By Alderperson Cantelmo: Seconded by Alderperson DeFendini WHEREAS, a project for the rehabilitation of the Stewart Avenue Bridge over Fall Creek, P.I.N. 375669(“the Project”) is eligible for funding under Title 23 U.S. Code as
administered by the Federal Highway Administration (FHWA), as amended, that calls
for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non-Federal funds; and WHEREAS, the City of Ithaca desires to advance the Project by making a commitment
of 100% of the non-Federal share of the costs of Scoping, Preliminary Design, and
Detail Design; and WHEREAS, this project constitutes a reconstruction of facility in-kind on the same site as well as maintenance or repair involving no substantial change in an existing facility,
and is therefore a Type II action under the National Environmental Policy Act (NEPA)
Regulation and in accordance with 6 NYCRR Part 617 requiring no environmental review; and WHEREAS, on February 2, 2022, $110,000 (80% Federal/15% State/5% Local Share)
project funding for the project made available by the New York State Department of
Transportation to cover the cost of participation in Scoping, Preliminary Design, and Detailed Design; now therefore, be it RESOLVED, That Common Council hereby authorizes the City of Ithaca to pay in the
first instance 100% of the Federal and non-Federal share of the cost of Scoping,
Preliminary Design, and Detail Design thereof, and be it further RESOLVED, That Common Council hereby establishes Capital Project 910 Improvement of Stewart Avenue Bridge over Fall Creek in an amount not to exceed
$110,000, and be it further
RESOLVED, That the sum of $110,000 is hereby appropriated from Capital Project #910 and made available to cover the cost of participation in the above phases of the project, and it is further
RESOLVED, That in the event the full Federal and non-Federal share costs of the project exceeds the amount appropriated above, Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof, and be it further
RESOLVED, That funds needed for said project shall be derived from the issuance of Serial Bonds with the City’s estimated share of the project cost not to exceed 5% or $5,500, and it is further
RESOLVED, That the Mayor of the City of Ithaca of the County of Tompkins be and is
hereby authorized to sign all necessary Agreements with New York State Department of Transportation to secure Federal Aid and Marchiselli Aid on behalf of the City of Ithaca and the Superintendent of Public Works is authorized to sign all necessary construction documents, contracts, certifications and reimbursement requests, and be it further
RESOLVED, That the Superintendent of Public Works be and is hereby authorized to administer the above project, and be it further
RESOLVED, That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and it is further RESOLVED, That this resolution shall take effect immediately.
Carried Unanimously (9-0) 3.3 Approval of Modifications to the Allocation of Grant Funding Under the 2021 New York Main Street Grant Program
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By Alderperson Cantelmo: Seconded by Alderperson DeFendini WHEREAS, in 2021 the City of Ithaca Common Council adopted a resolution supporting the Downtown Ithaca Alliance (DIA) grant request to the New York Main Street
Program; and
WHEREAS, the DIA was awarded $483,000 in 2021 New York Main Street funding; and WHEREAS, the initial grant application included the allocation of $450,000 to support
the rehabilitation of four (4) downtown buildings, one for $150,000 and three for
$100,000 each; and WHEREAS, after award, three of the initial properties withdrew their interest in participation due to pandemic driven construction cost escalation and difficulty working
with New York State grant requirements; and
WHEREAS, the DIA issued a second request for projects from property owners within the downtown target area and received three proposals; and
WHEREAS, the DIA’s Business Retention & Development Committee, following NYMS
guidelines, reviewed and selected two projects to receive funding in the amounts of: - $350,000 for the creation of 12 units of housing in the 117 South Cayuga Street property controlled by Urban Core, LLC; and - $100,000 for the creation of 2 units of housing in the 108 West State Street
property owned by STREAM Collaborative (Jen & Noah Demarest); and
WHEREAS, the New York State Main Street Grant Program has indicated a willingness to accept this reallocation of funds subject to receiving a resolution of support from the City of Ithaca Common Council; now therefore be it RESOVLED, That City of Ithaca Common Council does hereby endorse and support the revised allocation of funds for the Downtown Ithaca Alliance 2021 New York Main Street grant as follows: o $350,000 to be allocated to the rehabilitation of 117 South Cayuga Street,
resulting in the creation of 12 units of apartment housing; and
o $100,000 to be allocated to the rehabilitation of 108 West State Street, resulting in the creation of 2 units of apartment housing. Carried Unanimously
Department of Public Information & Technology: 3.4 Approval of Outdoor Dining Alcohol Permits By Alderperson Cantelmo: Seconded by Alderperson DeFendini WHEREAS, several downtown restaurants have requested permission to utilize certain
areas along the Primary and Secondary Commons and sidewalks in the downtown core
for outdoor dining, and WHEREAS, the Downtown Ithaca Alliance has requested permission for wine, beer, and hard cider tasting and sales as part of their special events for 2022, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on City property, and WHEREAS, Common Council has determined that the use of public property for
outdoor dining and special events including the responsible sale and consumption of
alcohol, plays an important role in the vibrancy of the downtown business district, and WHEREAS, Common Council has determined that any use of this or similar public property involving the sale and consumption of alcohol should be covered by a
minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2022, Common Council hereby approves the following
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revocable alcoholic beverage permits for the outdoor sale and consumption of alcohol in accord with the terms and conditions set forth in their applications, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor
dining permit:
Bickering Twins Restaurant Red’s Place Mahogany Grill Café Cent Dix Mercato Bar & Kitchen Lev Kitchen
Ithaca Ale House
and, be it further RESOLVED, That the Downtown Ithaca Alliance be authorized to arrange for wine,
beer, and hard cider tasting and sale of bottled wine, beer, and hard cider at booths
during their special events between the dates of January 1 to December 31, 2022, and shall comply with all applicable state and local laws, and, be it further RESOLVED, That the Downtown Ithaca Alliance or the participating winery or cider
company shall agree to maintain liability insurance in the amount of $1,000,000.00 and
Dram Shop Act coverage in the minimum amount of $1,000,000.00 naming the City of Ithaca as an additional insured and shall provide evidence of such insurance to the City Clerk prior to the event. Carried Unanimously
CITY ADMINISTRATION COMMITTEE: 4.1 DPW - Supplemental Agreement for East State/MLK Jr. Street Mill & Pave A resolution authorizing implementation and funding in the first instance 100% of the federal aid-eligible costs and State “Marchiselli” program-aid eligible costs, of
a transportation federal-aid project, and appropriating funds therefore. By Alderperson Cantelmo: Seconded by Alderperson McGonigal WHEREAS, a Project for the State St (Rt 79) Mill and Pave, P.I.N. 375620 (the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal
funds and 20% non-federal funds; and
WHEREAS, Common Council approved a Master Agreement for this project in January 2021; and
WHEREAS, on February 2, 2022, the New York State Department of Transportation
has provided Supplemental Agreement No. 1 for this project; and WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of Preliminary Engineering/Design; and
WHEREAS, preliminary engineering and design are exempt from further environmental review as Type II actions, now, therefore, the Common Council; now therefore be it RESOLVED, That the Common Council hereby approves the above-subject project,
subject to further environmental review of construction, and be it further RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in the first instance 100% of the federal and non-federal share of the cost of Preliminary
Engineering/Design work for the Project or portions thereof, and be it further
RESOLVED, That the sum of $100,000 is hereby appropriated from the issuance of serial bonds and made available to cover the cost of participation in the above phase of the Project, and be it further
RESOLVED, That Common Council hereby amends Capital Project # 880, East State/MLK Jr. Street Mill & Pave, to include the additional Project costs of $100,000, bringing the total authorization to $400,000, and be it further
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RESOLVED, That in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon
the notification by the NYSDOT thereof, and be it further
RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute all necessary Agreements, and the Superintendent of Public Works is hereby authorized to execute all necessary certifications or reimbursement requests for Federal
Aid on behalf of the City of Ithaca with the New York State Department of
Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of Project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that
are not so eligible, and be it further
RESOLVED, That this project be undertaken with the understanding that the final cost of the Project to the City of Ithaca will be roughly 20% of said portion, currently estimated at $80,000 of the $400,000 authorized for this portion of the project, in
monies and in-kind services as managed by the Superintendent of Public Works and monitored by the City Controller, and be it further RESOLVED, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in
connection with the Project, and it is further RESOLVED, This Resolution shall take effect immediately. Cantelmo – this project is not expected to cost the City $80,000.
Carried Unanimously (9-0) 4.2 IURA - Community Housing Development Fund, Round #22 — Authorize Disbursement of Funds Pursuant to an Executed MOU
By Alderperson Cantelmo: Seconded by Alderperson Nguyen WHEREAS, the Community Housing Development Fund (CHDF) was established in 2009, and renewed in 2015 and 2021, 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, the Common Council determined that City contributions to the CHDF should be used solely to assist those projects located within the City of Ithaca; and WHEREAS, the Program Oversight Committee, which includes three City appointees,
reviews, and recommends projects for awards, including the amount and funding source; and WHEREAS, the City of Ithaca Common Council retains authority to approve, modify or reject the POC’s recommendation for use of City funds; and
WHEREAS, action to authorize disbursement of City funds requires prior completion of environmental review for housing projects; and
WHEREAS, the POC recommends the following affordable housing projects for funding:
Community Housing Development Fund
Round #22 Recommended Funding Awards
Applicant Project # Units Municipality Funding ($1,000s)
Cornell County City Total
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and WHEREAS, pursuant to the MOU, Tompkins County administers the CHDF, including
collection of contributions to the CHDF and distribution of funds to project sponsors; and
WHEREAS, the Northside Apartments project completed environmental review by the City Planning and Development Board and is scheduled to close on financing in March 2022; and
WHEREAS, the City previously authorized disbursement of $102,200 for the project; and WHEREAS, additional requested funding for the Northside Apartment project will enable the project to construct units with full electrification with no on-site fossil fuel use; and
WHEREAS, annual City contributions to the CHDF are placed in Restricted Contingency; now; therefore, be it RESOLVED, That the Common Council for the City of Ithaca hereby authorizes an
expenditure of up to $100,000 to Tompkins County for the following affordable housing
project to implement a recommended funding award for rounds #22 of the Community Housing Development Fund: Project Name: Northside Apartments
Location: Hancock Street, Ithaca, NY
Applicant: Cayuga Housing Development Corp., an affiliate of Ithaca Housing Authority Project Summary: Additional award to install electric heating pumps in place of planned natural gas for the 82 newly constructed rental housing
units
and be it further, RESOLVED, That Common Council hereby directs the Controller to release housing funds in an amount not to exceed $100,000 from account A1990 Restricted
Contingency and transfer the fund to account A8020-5435 Planning Contracts, and be it
further RESOLVED, That the $100,000 be appropriated from the current balance in the Housing Fund of $180,000, to fund the $100,000 City portion of the City/County/Cornell
Housing Trust for the above listed project, and be it further
IHA/CHDC
Northside
Apartments – Additional Award
Electrify 82 rentals (C) Ithaca 0 40 100 140
Habitat
417 S Aurora St & 109 Morris Ave Home
Revitalization
2 for-sale (C) Ithaca 0 70 0 70
INHS
110 Auburn
& 215
Cleveland Ave Rehabilitation
2 for-sale (C) Ithaca 0 120 0 120
INHS Village Grove Townhouses 4 for-sale (V)T-burg 200.01 39.99 0 240
Totals 8 new units 200.10 269.99 100 570
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RESOLVED, That upon receipt of an invoice from Tompkins County, the City Controller is hereby authorized to implement this resolution.
Brock – typically release 100,000 for the housing fund each year. We’ve already granted
this project 102,000 and now another 100,000. Why not direct this 100,000 for new housing projects instead of a housing project that was previously funded.
Bohn – when project was designed, they thought they would need 160,000 – budgeted with assumption that this is for non-fossil fuel heating and air
conditioning….get explanation from Nels or look at memo. One-time basis unique situation, …
Cantelmo – wanted to underscore Nels’ memo that is in the agenda packet….
Lewis – this project will increase the housing units from 70 to 82 units? Check figure. McGonigal – Tompkins County contributed $40,000 for this as well. They’ve been very
supportive of this effort.
Carried Unanimously (9-0)
4.3 Authorize Eminent Domain Proceeding to Acquire Easement for Improvement of Water System - Declaration of Lead Agency
By Alderperson Cantelmo: Seconded by Alderperson Nguyen
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, Common Council proposes to authorize the acquisition of an easement by
eminent domain for the purposes of improving the City’s water system, and WHEREAS, This is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance §176-4 and the State Environmental Quality Review Act (“SEQRA”)
§617.4 b. and is subject to environmental review, now therefore be it
RESOLVED, That the City of Ithaca Common Council, as the agency having primary responsibility for approving and funding or carrying out the action does, by way of this resolution, declare itself Lead Agency in Environmental Review for the proposed
acquisition of land.
Carried Unanimously (9-0) 4.4 Authorize Eminent Domain Proceeding to Acquire Easement for Improvement
of Water System - Negative Declaration of Environmental Significance
By Alderperson Cantelmo: Seconded by Alderperson DeFendini WHEREAS, Common Council proposes to authorize the acquisition of an easement by eminent domain for the purposes of improving the City’s water system, and
WHEREAS, This is an Unlisted Action under the City of Ithaca Environmental Quality
Review Ordinance §176-4 and the State Environmental Quality Review Act (“SEQRA”) §617.4 b. and is subject to environmental review, and WHEREAS, Common Council, as the agency having primary responsibility for
approving and funding or carrying out the action did, on March 2, 2022, declare itself
Lead Agency in Environmental Review, and WHEREAS, Common Council, acting as Lead Agency, has on March 2, 2022, reviewed and accepted as complete a Full Environmental Assessment Form, Parts 1, 2 & 3
prepared by the Attorney’s Office and other related materials, and
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WHEREAS, Common Council, acting as Lead Agency, after completing a thorough analysis of the Environmental Information and potential environmental impacts
associated with the action, has determined, as more clearly elaborated in the FEAF,
that proposed amendment will not have any potentially significant adverse environmental impacts, now, therefore, be it RESOLVED, That Common Council determines that the proposed amendment will
result in no significant adverse impact on the environment and this Resolution, which
was adopted by a majority vote of Council, shall serve as the Negative Declaration (as defined in 6 N.Y.C.R.R. 617.2(y)) for the action, and is issued by Common Council, acting as Lead Agency pursuant to and in accordance with SEQRA in a coordinated environmental review.
Carried Unanimously (9-0)
4.5 Authorize Eminent Domain Proceeding to Acquire Easement for Improvement of Water System
By Alderperson Cantelmo: Seconded by Alderperson Nguyen WHEREAS, the City of Ithaca (“City”) operates a municipal water system through its Department of Public Works; and WHEREAS, the City currently maintains two water main lines on South Hill in the vicinity
of South Aurora Street and Hudson Place near the City border with the Town of Ithaca; and WHEREAS, the City desires to connect these two water mains in order to create a loop in the system, which would improve circulation, water quality, and fire flows for the
benefit of the general public and City water users; and WHEREAS, in order to connect the two water main lines, the City must obtain a property interest in a portion of the land located at 117-119 Coddington Road (Tax Parcel 115-2-1.1), which interest will consist of an approximately 20-foot-wide easement
over approximately 1390 square feet of land that will enable the City to locate a water main extension underneath the subject property; and WHEREAS, Common Council, acting as Lead Agency in Environmental Review, has examined the acquisition of property for the purposes of extending the water main as
required by the City of Ithaca Environmental Quality Review Ordinance and the State Environmental Quality Review Act and issued a Negative Declaration dated March 2, 2022; and WHEREAS, the land in which the property interest will be acquired contains no
structures and consists solely of unimproved yard space; and WHEREAS, the proposed water main extension will be located underground and will not unreasonably interfere with use of the property; and
WHEREAS, there are no reasonably feasible or cost-effective alternatives for routing the water main extension; and WHEREAS, the City has engaged a consultant to obtain an appraisal to value the
proposed easement; and
WHEREAS, the appraised value of the proposed easement is $3,700; and WHEREAS, the City has made a formal offer to the property owner to acquire the
easement for its full value of $3,700; and
WHEREAS, the property owner has not accepted the City’s offer; and
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WHEREAS, Section 74 of the General Municipal Law authorizes the City to acquire title to property by condemnation in the event that agreement with a property owner cannot be reached; and
WHEREAS, in the event that the property owner rejects or fails to respond to the offer, the City desires to obtain the required interest in the property by eminent domain for the purpose of expanding and improving the City’s water system; and
WHEREAS, the Eminent Domain Procedure Law (“EDPL”) sets forth the procedures by
which the City may exercise its powers of eminent domain; now, therefore, be it RESOLVED, That Common Council authorizes the use of the City’s eminent domain powers for the purpose of obtaining an interest in the property located at 117-119
Coddington Road in the event that the property owner rejects or fails to respond to the
City’s offer for the acquisition of the property interest; and be it further RESOLVED, That Common Council finds that the acquisition of the property interest will serve a public purpose by enabling the installation of a water main extension that will
improve water circulation, water quality, and fire flows to the benefit of the general
public and City water users; and be it further RESOLVED, That Common Council determines that condemnation of the property interest—which is valued at $3,700, is limited in size to approximately 1390 square feet
of unimproved land, and will result in the siting a subsurface water main that will not
unreasonably interfere with use of the property—is an acquisition de minimis in nature so that the public interest will not be prejudiced by the construction of the project, as provided in EDPL 206(D); and be it further
RESLOVED, That, in consideration of the foregoing, the City determines that the
condemnation qualifies for exemption as provided in EDPL 206; and be it further RESOLVED, That the Department of Public Works, in conjunction with the City Attorney, is authorized and requested to act on behalf of the City with respect to
acquiring the interest in the subject property through exercise of the City’s eminent
domain powers, including without limitation by filing or causing to be filed any necessary legal proceedings, engaging any consultant or counsel to assist with the condemnation, and expending any funds necessary to complete the condemnation, provided, however, that said funds shall be provided from previously authorized departmental operating
budgets or applicable capital project accounts.
Discussion followed on the floor regarding a letter that Common Council received from an Attorney representing the property owner. Gibson only saw the letter approximately 30 minutes prior to the meeting. There was no map attached identifying the path that
they were talking about. Regardless of whether that was a better route, Visom installed
…of the water main at 50% of the cost and saved the City $300,000 – 400,000. Wanted the City to go through…..the project would have had to run another watermain extension….
Lavine – to the extent that Council wants to hear about the merits of serving the public
good with this . If Council wants to hear the legal elements of this – move to go into Executive Session. Visom contribution demonstrates that the City ….public interests.
Gibson – assertions that the City waited to install this for the benefit of the developer.
Been with the City for 20 years – knows where all of the dead ends exists. Supply and demand….garden hose scenario….fire safety. Description of a loop – Hudson Place, Hudson Street, Columbia, and Aurora ….mostly fire flow but also circulation, water quality, and water pressure. If the City embarked on doing this on its own earlier – it
would have included easements from multiple properties, twice the length and twice the
construction costs to the taxpayers.
Lewis – thank you for the history and background of the project and the benefits to the
taxpayers.
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Brock – is there a timing issue on this? Could it come back to Council next month.
Lavine – City doesn’t need more time to consider this. Gibson – one month delay is not
a big deal for the City – have been discussing this for a couple of years. Detriment to
the City from a fire fighting perspective.
Motion to Enter Into Executive Session to Discuss Potential Litigation
By Alderperson Brock: Seconded by Alderperson DeFendini – Check
RESOLVED, That Common Council enter into Executive Session to discuss potential
litigation.
Carried Unanimously (9-0)
Reconvene:
Common Council reconvened into Regular Session with no formal action taken.
Brock – question of the benefit of a new fire hydrant on Hudson Place. Gibson, yes
hydrant was installed on city right-of-way for the benefit of the public on January 25,
2022. Planning to do it to support this project but also to support fire fighting in this
area. (Check Gibson’s response) flush points (hydrants at the end of new water mains).
A vote on the Main Motion resulted as follows:
Carried Unanimously (9-0)
4.6 MOU’s for Outside Organizations Funded in 2022 Budget This item was withdrawn from the agenda and will be referring it back to committee for further discussion. REPORT OF THE CITY CONTROLLER: City Controller Thayer reported on the following: Sales tax – 3 months away from final reporting for year end
2021 - 15.? Million collected – highest collection ever…2.5 million higher than 2020. 2020 budget…..get figures from Steve. Sales tax collection recovery was much faster than expected, but cautions….budgeted a conservative number in 2022 – get from video.
2022 Sales tax – budgeted 14.9 million – to date 993,000 collected to date – approx.. 11% higher than 2021. Many challenges on the activity right now – supply chain, etc. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 5.1 Amendment #2 to the 2021 HUD Action Plan – Finger Lakes ReUse, Inc. By Alderperson Lewis: Seconded by Alderperson Mehler WHEREAS, the City of Ithaca (City) contracts with the Ithaca Urban Renewal Agency (IURA) to administer, implement, and monitor the City HUD Entitlement Grant program in compliance with all applicable regulations, and
WHEREAS, the City adopted the IURA-recommended 2021 Action Plan which sets out the projects to be funded with HUD Entitlement funds, and WHEREAS, on January 27, 2022, the IURA recommended a substantial amendment to the
2021 Action Plan to fund a $150,000 job retention loan to Finger Lakes ReUse, Inc. (FLRU) in response to COVID-19 pandemic related financial challenges, and WHEREAS, the proposed loan to FLRU will retain five (5) jobs held by low- and moderate-income persons,
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WHEREAS, FLRU submitted financial data to the IURA documenting that without IURA loan assistance FLRU staffing levels would be reduced by at least five positions, and
WHEREAS, FLRU commits at least $78,000 in matching funds toward payment of salaries
and benefits for the five jobs to be retained, and WHEREAS, FLRU agrees to relinquish over $98,000 in 2021 funds earmarked in the 2021 Action Plan to FLRU’s job readiness and job placement program to partially fund the loan,
and
WHEREAS, remaining funding will derive from the 2021 Economic Development Loan Fund activity administered by the IURA, and
WHEREAS, the City’s HUD Entitlement Citizen Participation Plan requires a public hearing
and Common Council approval of substantial amendments to an Action Plan, and WHEREAS, a public hearing on the proposed amendment was held on February 16, 2022; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council hereby approves amendment #2 to the 2021 HUD Entitlement Action Plan to reallocate $150,000 to Finger Lakes ReUse, Inc. (FLRU), to carry out a $218,332 CBDO community economic development project resulting in retention of five jobs held by low- and moderate-income persons as follows:
ADD Amount: $150,000.00 Project: FLRU Job Retention, a special CBDO activity pursuant to 24 CFR 570.204 Use of Funds: Loan to FLRU for payroll expenses
Repayment Terms: Loan forgiven if five jobs are retained for six consecutive quarters, otherwise loan is due and payable at end of loan term.
SUBTRACT
Amount: $98,025.60 Project: ReUse Job Training for Career Pathways Sponsor: FLRU SUBTRACT
Amount: $51,974.40
Project: Economic Development Loan Fund Sponsor: IURA Carried Unanimously (9-0) COMMON COUNCIL APPOINTMENTS:
6.1 Appointments to the Local Board of Assessment Review
This item was deferred to the April 6, 2022, Common Council meeting. REPORTS OF COUNCIL LIAISONS:
Brown – Southside Community Center – so happy to be working with the folks at the SSCC, they are doing amazing work. The Executive Director has request for a review of the maintenance service agreement between the City of Ithaca and the SSCC. Concerned about the services that are/are not available and the times that they are
offered. Full-time position but the person works from 6 am – 3 pm, but they are often
removed to cover other city needs without notification to the SSCC. No weekend coverage. Should not be punished, chastised or treated the way that they are. Want the City to support the SSCC by ….
Monies of last installment….
Brown to forward the e-mail to Common Council. Brock – share with staff to review - unusual situation – not City Department – separate private organization using a city owned facility.
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Brown - city employees aren’t doing adequate work. An important community center that supports a segment of the community that has been historically treated differently.
Lavine – discuss the structural question of the services the City and not personnel matters regarding specific employees of the City. Gearhart – there is an MOU with the DIA that might be able to be used as a model.
Vavra – Commissions Report – the Commissions have been paused while the working group works on implementing a new position that will oversee the Commissions. The terms of all of the Commission members have expired. There is no staff support available and no charges currently being given to the Commissions. Cantelmo – have
arranged for processes that need to move forward to go through the CA committee.
ADJOURNMENT:
On a motion the meeting adjourned at 9:15 p.m. ______________________________ _______________________________
Julie Conley Holcomb, CMC Laura Lewis City Clerk Acting Mayor