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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 March 3, 2021 2 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. March 3, 2021 3 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 March 3, 2021 4 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, March 3, 2021 5 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. March 3, 2021 6 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