HomeMy WebLinkAboutMN-CC-2021-03-03COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. March 3, 2021
PRESENT:
Mayor Myrick
Alderpersons (10) Brock, McGonigal, Murtagh, Nguyen, Gearhart, Fleming,
Smith, Kerslick, Lewis, Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Lavine
City Controller – Thayer
Human Resources Director – Michell-Nunn
Chief of Staff – Cogan
Historic Preservation and Neighborhood Planner – McCracken
Community Development Planner – Mendizabal
REPORT OF MUNICIPAL OFFICIALS:
Tompkins County Legislator Richard John joined Common Council to discuss the Draft
Reimagining Public Safety Plan that was published on February 22, 2021. He
expressed his hope that the City and County would be able to approve this as a joint
plan. He further offered his appreciation to the members of Common Council and staff
who worked hard on this plan.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council regarding the Draft Reimagining
Public Safety Report.
Michael Brindisi, Town of Ithaca
Dean Zervos, City of Ithaca
Loretta Epthimiatos, Ithaca Police Department
Matthew Schweiger, Ithaca Police Department
Scott Garin, Ithaca Police Department
Ted Schwartz, Ithaca Police Department
Justin Baldessare, Ithaca Police Department
Israel Cosgrove, Ithaca Police Department
William Epthimiatos, City of Ithaca
Zachary Winn, City of Ithaca
Michael Dundon, City of Ithaca
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Mayor Myrick responded to comments made regarding the Draft Reimagining Public
Safety Plan. He stated that the Public Safety Workers would be law enforcement
officers with the same rights, responsibilities, and equipment. He commented that he
would like to hear more from the Ithaca Police Officers on which of the reforms they
support as there has been opposition to many of them in the past. He affirmed his
desire to work collaboratively with the department on this effort. He further explained
that the leadership of the department has been a part of the process the entire time and
was given previews of the report days in advance. The report was released to everyone
at the same time and once it was, his first call was to the Police Benevolent Association
(PBA) President which was not answered or returned. The following day, front line
supervisors were invited to a meeting to review and discuss the report. No one
appeared at that meeting. He stated that the claim about union busting is not true, and
further addressed concerns raised regarding labor negotiations with the PBA. He
stated that the needs of the community have shifted as have the demands on the city’s
public safety agencies, so it is time for both groups to come together to design a new
department that will meet these needs. He further reminded everyone that there will be
additional meetings this month on March 10, 24,31, 2021 that will afford more public
speaking opportunities and responses from Council members. He stated that the best
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way to stay engaged and offer input is to go to City’s website and find the Reimagining
Public Safety link.
Alderperson McGonigal echoed the Mayor’s sentiments regarding working
collaboratively through this process. He noted that he still doesn’t understand why the
City would not want to call police officers “police” in the future. He voiced his
appreciation for the well thought out comments expressed by tonight’s speakers.
Alderperson Fleming stated that she has been taking this very issue very seriously and
noted that even if there were merits to recommendation # 1 it’s a very serious change.
She noted that Common Council spent months dismantling the Shade Tree Advisory
Committee and can’t believe that the City would try to dismantle the police department
in four weeks, even if some members had instincts in that direction. She stated that she
was astounded by the complexity of recommendation #1 and the corresponding
timeline. Mayor Myrick responded that this is a more urgent need as this issue has
resulted in uprisings, and protests across the country. He stated that Common Council
can allow themselves more time to consider the recommendations if needed.
Alderperson Brock voiced her appreciation for the comments made so far. She further
voiced her appreciation for the Mayor’s description that this is a process that is going to
take time. She stated that these issues deserve careful thought, deliberation, and
collaboration with the partners involved including the members of the Ithaca Police
Department. She stated that based on what she has been hearing, Council’s job over
the next few weeks is to define the path moving forward. She stated that the Plan as
distributed is clearly alarming and destabilizing. She acknowledged the history that the
community has regarding the community policing relationship but stated that Ithaca is a
strong community because of its belief in the relationships we’ve built and our ability to
work together. She expressed her deep gratitude to the police officers and their families
who dedicate their lives to serving our community.
Alderperson Nguyen seconded the Mayor’s comments and reiterated comments made
by Doctors Bradwell and Gonzalez in explaining their charge of over sampling the most
vulnerable in the community. While it may seem on the surface bewildering why
Council would consider such drastic change while the numbers report a high level of
satisfaction and low number of complaints, those who don’t have issues with the police
are less equipped to understand the deep causes of anxiety and negative interactions
that other people have with the police. There is a lot of trust involved in this process.
Many people were not comfortable talking to all of the members of the Task Force and
only spoke with those they trusted. Common Council needs to have a level of trust that
the people who ran those conversations knew what they were doing and reported the
facts as they heard them. He noted that even if this is not the exact right answer and
alterations are needed, it came out of a process that was designed to emphasize the
voices of the most vulnerable in the community.
Alderperson Murtagh stated that despite the tension and division, there is a sense of
consensus regarding an alternate response method composed of armed officers along
with unarmed professionals from other fields such as social services and mental health.
He noted that officers are upset at the notion of being fired and having to reapply for
their jobs. We have officers who have worked very hard for years and they see their
work as important and valuable to the community. They feel as if they are not seen and
that they don’t matter. He voiced his hope that Council can get to a solution that the
entire community can support.
Alderperson McGonigal noted that a woman named Ingrid left her home in El Salvador
nearly three years ago to save her life. She was picked up by border patrol or ICE and
was taken to Batavia, New York where she has been basically held as a prisoner for
two years. A Cornell Professor and her students were able to contact Ingrid through the
Justice for Migrant Families Program and discovered that she was going to be released
at a gas station in Buffalo with nothing. The Professor picked her up and brought her to
Ithaca where she is recovering and is safe. He expressed his thanks to all involved with
this effort and welcomed Ingrid to our community. People interested in providing
support to Ingrid can contact him through the City’s website.
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Alderperson McGonigal also announced that former Common Council member Jane
Marcham passed away earlier this week. Ms. Marcham was a respected journalist for
the Ithaca Journal and a very important member of the community who will be missed
greatly. Mayor Myrick noted what a huge loss this is for the community. He stated that
that she and her husband John were the first people to interview him when he ran for
Common Council and joked that they did not vote for him but invited him over for tea
every opportunity they had and shared the City’s rich history with him.
CONSENT AGENDA:
CITY ADMINISTRATION COMMITTEE:
3.1 Youth Bureau Amendment to 2021 Personnel Roster
By Alderperson Mohlenhoff: Seconded by Alderperson Smith
WHEREAS, the Youth Bureau has a Recreation Program Leader whose responsibilities
and duties more accurately reflect those of a Youth Program Leader; and
WHEREAS, the Youth Bureau has a vacant Youth Program Leader position; and
WHEREAS, the Youth Bureau requests an amendment to the 2021 Roster to fund the
vacant Youth Program Leader position and defund the existing Recreation Program
Leader position; now, therefore, be it
RESOLVED, That the Personnel Roster of the Youth Bureau shall be amended
effective March 8, 2021 as follows:
Fund One (1) Youth Program Leader (35 hours)
Defund: One (1) Recreation Program Leader (35 hours);
and, be it further
RESOLVED, That any existing funds associated with this change will come from within
the approved 2021 Ithaca Youth Bureau budget.
Carried Unanimously
3.2 Fire Department Amendment to 2020 Fire Department Budget
By Alderperson Mohlenhoff: Seconded by Alderperson Smith
WHEREAS, on January 18, 2021, the Ithaca Fire Department was notified that it had
received a FEMA Assistance Firefighters Grant, COVID-19 Supplement Round 2, for
purchasing of personal protective equipment used in response to the COVID-19
pandemic; and
WHEREAS, the cost to purchase personal protective equipment was five thousand, six
hundred forty-three dollars, and twelve cents ($5,643.12); and
WHEREAS, up to five thousand, one hundred, thirty dollars, and eleven cents
($5,130.11) for the purchase of personal protective equipment is funded through the
Assistance to Firefighters Grant Program; and
WHEREAS, at least ten percent (10%) of the total costs for the purchase of personal
protective equipment, five hundred thirteen dollars, and one cent ($513.01), was paid
from the 2020 fire department operating budget; now, therefore be it
RESOLVED, That Common Council hereby amends the 2020 Fire Department Budget
as follows:
Increase Appropriation Account:
A3410-5460 Program Supplies $5,130.11
Increase Revenues:
A3410-4389 Federal Aid – Public Safety $5,130.11
Carried Unanimously
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CITY ADMINISTRATION COMMITTEE:
Chair Mohlenhoff reported that she and Planning and Economic Development
Committee (PEDC) Chair Murtagh would be comparing committee schedules to
determine which committee will be reviewing the Draft 5G Technology Design
Guidelines in April.
She further noted that it is time to plan the October budget meetings and encouraged
Council members to check their calendars for any potential conflicts.
REPORT OF THE CITY CONTROLLER:
City Controller Thayer reported on the following:
Closing 2020 year end activity:
• $13.2 million was collected in sales tax which is approximately $2 million less
than projected revenue due to the impacts of COVID.
2021 Activity:
• $894,000 in sales tax has been collected of the $13.8 million budgeted. This is
approximately 10% lower than the 2020 collections for the same time period.
• The City is pursuing FEMA reimbursement of COVID expenses. Some costs are
eligible for 100% reimbursement; however, it is a long process.
2020 AIM payments were expected to be reduced by 20%. New York State has
indicated that a 15% reimbursement of that payment should be received by the end of
March resulting in a net 5% reduction. The Governor has proposed another 20%
reduction in AIM payments in 2021.
MUNIS, the City’s financial software, upgrades are underway, and they are expected to
provide improved efficiencies for financial activity.
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
5.1 Presentation of the 2020 Ithaca Landmarks Preservation Commission Annual
Report
Historic Preservation and Neighborhood Planner McCracken presented the highlights of
the 2020 Ithaca Landmarks Preservation Commission Annual Report.
A brief question and answer period followed with Common Council members requesting
additional information on the tax abatement program for historic properties and the
results of the South Hill investigation.
Historic Preservation and Neighborhood Planner McCracken explained that the
investigation was largely fact-finding work to see what resources might exist. The
students found some properties that have historic merit scattered throughout the
neighborhood. A lot of additional work needs to be done prior to any proposed
designations. This work would be conducted in conjunction with the development of the
South Hill Neighborhood Plan.
5.2 Approval of IURA 2021 Mini Action Plan – 110 Auburn Street
By Alderperson Murtagh: Seconded by Alderperson Kerslick
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, at its January 28, 2021 meeting, the IURA authorized Ithaca
Neighborhood Housing Services (INHS) to incur HOME Investment Partnerships
Program (HOME) pre‐award costs in an amount not to exceed $30,000 to undertake
the 110 Auburn Street affordable homeownership project subject to Common Council
approval of a Mini‐Action Plan for the project and compliance with 24 CFR 92.212,
and,
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WHEREAS, the U.S. Department of Housing and Urban Development (HUD)
requires that at least 15% percent of HOME funds must be set aside for specific
activities to be undertaken by a special type of nonprofit called a Community
Housing Development Organization (CHDO), and
WHEREAS, INHS is the City of Ithaca’s only designated CDHO, and
WHEREAS, INHS has entered into a purchase agreement to acquire a vacant home
in Ithaca’s Fall Creek neighborhood, a high opportunity neighborhood where few
affordable homeownership opportunities exist, and
WHEREAS, INHS proposes to purchase and rehabilitate the single‐family home at
110 Auburn Street to enroll in the INHS Community Housing Trust program as an
affordable homeownership project, and
WHEREAS, INHS has submitted a funding application to the IURA for $30,000
from the 2021 HUD Entitlement Program, and
WHEREAS, the home can be ready for sale in the Fall, if rehabilitation activities
commence in March, and
WHEREAS, HUD regulations normally prohibit a grantee from incurring project costs,
even at its own risk, prior to City adoption of the Action Plan (pre‐award costs), and
WHEREAS, HOME regulations authorize pre‐award costs in accordance with
regulations at 24 CFR §92.212, and
WHEREAS, pre‐award costs may be incurred, subject to the following requirements:
1. The amount of pre‐award may not exceed 25% of the current HOME allocation
($83,750)
2. Preparation of a proposed Mini‐Action Plan for the pre‐award project
3. 30‐day public comment period
4. Public Hearing (with 10‐day prior notice)
5. Common Council approval of a Mini‐Action Plan
6. Completion of NEPA environmental review, and
WHEREAS, Public Hearings were held in accordance with the City’s HUD Citizen
Participation Plan on February 17, 2021 and February 25, 2021, and
WHEREAS, expanding the supply of affordable homeownership opportunities is
identified as a Priority Need in the 5‐year Consolidated Plan; now, therefore, be it
RESOLVED, That Common Council for the City of Ithaca hereby approves the
proposed Mini‐Action Plan to authorize INHS to incur HOME pre‐award costs in an
amount not to exceed $30,000 to undertake the 110 Auburn Street affordable
homeownership project, and be it further
RESOLVED, That the 2021 HUD Action Plan shall include the approved pre‐award
activity as a CHDO set‐aside project funded from the HOME allocation.
Alderperson Lewis stated that she is happy to support this Resolution as it will allow
homeownership in the City of Ithaca for low- and moderate-income families and the
program will ensure that this home will remain in the affordable market in perpetuity.
Alderperson Murtagh commented that he is glad that INHS will be purchasing this
house to sell it to a homeowner versus it becoming a developer acquisition, noting that it
is a great opportunity for the residents of the City.
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A vote on the Resolution resulted as follows:
Ayes (9) McGonigal, Nguyen Murtagh, Gearhart, Fleming, Smith, Kerslick,
Mohlenhoff, Lewis
Nays (1) Brock
Carried (9-1)
Chair Murtagh reported that the PEDC will continue the review of the Green Building
Code at the April meeting. All Council members are encouraged to attend.
MAYOR’S APPOINTMENTS:
6.1 Reappointments to the Community Police Board
By Alderperson Kerslick: Seconded by Alderperson Murtagh
RESOLVED, That Michael Simons be re-appointed to the Community Police
Board with a term to expire December 31, 2023, and be it further
RESOLVED, That Hannah Logue be re-appointed to the Youth Member position
on the Community Police Board with a term to expire December 31, 2023.
Carried Unanimously
REPORTS OF COMMON COUNCIL LIAISONS:
TCAT Board of Directors
Alderperson Lewis reported that the TCAT Board has decided that there will not be a
reapplication for a BUILD grant so the facility will remain on Willow Avenue for the
foreseeable future. There will be a renegotiation of the Cornell Memorandum of
Understanding and the terms of agreement amongst all three of the underwriters in
2021.
Motion to Enter into Executive Session to Discuss Collective Bargaining
Negotiations:
By Alderperson Smith: Seconded by Alderperson Fleming
RESOLVED, That Common Council enter into Executive Session to discuss collective
bargaining negotiations.
Carried Unanimously
RECONVENE:
Common Council reconvened into Regular Session with no formal action taken.
ADJOURNMENT:
On a motion the meeting adjourned at 8:30 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor