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HomeMy WebLinkAboutMN-PEDC-2022-02-16 Approved at the April 2022 PEDC Meeting City of Ithaca Planning & Economic Development Committee Wednesday, February 16, 2022 – 6:00 p.m. Common Council Chambers, City Hall, 108 East Green Street Minutes Committee Members Attending: Laura Lewis, Chair; Cynthia Brock, Phoebe Brown, Rob Gearheart, Patrick Mehler Committee Members Absent: Other Elected Officials Attending: Alderpersons George McGonigal and Ducson Nguyen Staff Attending: Lisa Nicholas, Deputy Director, Planning and Development Department; Nels Bohn, Director, Ithaca Urban Renewal Agency; Ari Lavine, City Attorney; and Deborah Grunder, Executive Assistant Others Attending: Michaela K. Rossettie Azemi, Cornell Law School; Keith McCafferty, Law NY; and Johanna Anderson, Ithaca Neighborhood Housing Services (INHS) Chair Laura Lewis called the meeting to order at 6:00 p.m. 1) Call to Order/Agenda Review No changes were made to the agenda. 2) Public Comment Chair Lewis reminded all that comments are limited to three (3) minutes. Theresa Alt, 206 Eddy Street, stated she feels the City is taking a very long time on The state is the only body who can process and pass such legislation. Carolyn Headlam, 310 W. State Street, She started with the statement, “Ithaca is ten (10) square miles of reality.” The vast majority of your constituencies are renters. We need Good Cause. Good Cause is Good Sense. If Ithaca is going Approved at the April 2022 PEDC Meeting to be a progressive City, we need robust Good Cause spelled out in the September version. Genevieve Rand, 138 East Spencer Street, She agreed with Headlam. Over 70 % of involuntary displacement are not given rights. Right-to-Renew states if you pay your rent and follow the lease, you cannot be evicted. There are so many other cities not as progressive as Ithaca have passed such legislation. Committee Response: Alderperson Brown wants to understand as a new Council member why the delay in approving this legislation. She has been in the situation of these tenants. Not wanting to ask their landlord for anything for fear of retaliation. We need to make this happen. We talk how progressive we are. Let’s do something. Chair Lewis stated that this Committee has been working on this topic since August 2021. We have been awaiting response from the Attorney General. City Attorney Ari Lavine stated that the Attorney General’s office was due to make a statement back in the Fall 2021. We have been waiting for this since December 2021 to no avail. 3) Special Order of Business a) Presentation and Discuss Three (3) guest speakers were asked to join this meeting to provide what they have been working on for this topic. Michaela K. Rossettie Azemi, Esq., Cornell Law School, spoke first as to what she is doing – check the tape. Keith McCafferty, Law NY, stated LawNY is a non-for-profit organization which cannot provide their opinion or legal help. They are understaffed and is having difficulty hiring on staff to bring their office up to the completer staffing. He provided a very thorough explanation as to the process their office follows when it comes to tenant evictions, timelines that must be followed, etc. Johanna Anderson and Melody Susco, INHS. We are a not-for-profit organization that was formed to combat housing instabilities in Ithaca. Tonight will be focused on property management they maintain. Check the tape. Questions from Committee: Alderperson Brock asked check the tape. Approved at the April 2022 PEDC Meeting Jorge DeFendini, asked INHS how many evictions have been done by INHS. Melody Susco responded that there have not been any. Alderperson Brown asked whether Keith McCafferty could share the HSTPA document he spoke off. Alderperson Brock also stated that the hyperlinks provided in the agenda packet provides a lot of information. Alderperson Brock stated b) Public Hearing – Proposed Amendment to 258-10 of the City Code (Rental Housing, Renewal of Rental Agreements; Notification to Tenants) Alderperson moved to open; seconded by Alderperson. Carried Unanimously. Alderperson moved to close the hearing; seconded by Alderperson. Carried unanimously. Response from Committee: 3) Announcements, Updates, Reports 4) Action Items (Voting to send onto Council a) 2022 Annual Council Concurrence that the Planning Board be Lead Agency Approved at the April 2022 PEDC Meeting 2022 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 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, 2022; and, be it further RESOLVED, that for any future project Common Council may withhold or withdraw its consent should it so desire. 5) Discussion Items a) Proposed Amendment to §258-10 of the City Code (Rental Housing, Renewal of Rental Agreements; Notification to Tenants) Approved at the April 2022 PEDC Meeting Ordinance No. 2021- Ordinance to Amend Chapter 258 (Rental Housing) of Part II (General Legislation) of the Code of the City of Ithaca in Relation to Notification of Tenants WHEREAS, the City of Ithaca has a substantial renter population, with 74%1 of Ithaca’s 32,1082 residents renting; and WHEREAS, by providing a 180-day waiting period before receiving an opportunity to renew a lease, a tenant will have had ample and appropriate time to decide on whether to negotiate to re new as well as landlords will have more opportunity to rent to tenants attending Cornell University; and BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Chapter 258 (Rental Housing) of Part II (General Legislation) of the Code of the City of Ithaca, Section 258-10 is hereby amended as follows: (...) § 258-10 Renewal of rental agreements; notification to tenants. The landlord shall provide a minimum of 60180 days’ written notice to current tenants of a residential unit before doing any of the following: 1. Renewing the current rental agreement 2. Showing the residential unit to prospective new tenants 3. Entering into a rental agreement with new tenants B. Such written notice may be provided at any time during the rental agreement period, from the effective date onwards. This provision of notice shall not apply under any of the following conditions: 1. The current rental agreement period is less than nine months. 2. A summons and complaint to recover possession of the premises has been filed and served on the current tenant in accordance with all applicable laws and rules. 3. The landlord and tenant mutually agree, in writing, to waive the notice period. (…) Approved at the April 2022 PEDC Meeting Section 2. This ordinance shall take effect on February 3, 2022 after publication of this ordinance pursuant to the City Charter. 1 http://www.cityofithaca.org/DocumentCenter/View/10148/2019 -2023-Consolidated-Plan?bidId= 2 https://www.census.gov/quickfacts/ithacacitynewyork Approved at the April 2022 PEDC Meeting b) Planning & Development Overview & Draft 2022 Work Plan Approved at the April 2022 PEDC Meeting 6) Review and Approval of Minutes a) April 2021 b) December 2021 Moved by Alderperson; seconded by Alderperson. Carried unanimously. 7) Adjournment Moved by Alderperson; seconded by Alderperson Carried unanimously. The meeting was adjourned at p.m.