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HomeMy WebLinkAboutMN-CA-2020-08-26CITY ADMINISTRATION COMMITTEE CITY OF ITHACA, NEW YORK Regular Meeting 6:05 p.m. August 26, 2020 PRESENT: Alderperson Mohlenhoff – Chair Alderpersons (4): Gearhart, Kerslick, McGonigal, Nguyen Mayor (1): Myrick OTHERS PRESENT: Alderpersons (3) – Brock, Fleming, Lewis Fire Chief – Parsons City Attorney – Lavine Director of Planning – JoAnn Cornish Chief of Staff – Cogan HR Director – Michell-Nunn Controller – Thayer 1. Call to Order 1.1 Agenda Review: Alderperson McGonigal asked that the following discussion item be added to the agenda under section 5. Mr. McGonigal wants to discuss sending a letter or resolution to the state level that would allow City employees to retire with a full thirty-year benefit after twenty-five years and 55 years of age. 1.2 Review/Approval of Minutes: Alderperson Kerslick made a motion to approve the minutes from the July 22, 2020 meeting of the City Administration Committee. Seconded by Alderperson Gearhart. Motion carried unanimously. 1.3 Statements from the Public: Due to the COVID-19 pandemic, Common Council is embarking on a new journey with the public comment section of the agenda. There are several different ways for the public to engage with Council. Everyone who e-mailed the Committee through the link on the website will be included as part of the public records. Everyone that registered to talk, virtually, at the meeting will be allowed three minutes to make their comments. The following individuals appeared, virtually, before the Committee: • Andrew Molnar thanked the Committee for working through the 5-G issues. Andrew talked about the placement of the cell towers and how hazard they are to people. The most important duty of the City is to protect the safety and well-being of its citizens. The proposed guidelines on 5-G seriously fail to do so. He mentioned that once it has been approved for Verizon to install cell towers, the City would legally be required to allow the same for the other cell phone companies. More cell phone towers would yield a large amount of radiation going into homes, into the bodies of children, who are ten times more vulnerable to this hazard. Despite the federal pressure, the City can limit the proliferation and damage of these towers by adopting key codes. A list of the codes was sent to the City on August 17th. Please add these to the design guidelines. Makeg sure that there is no pollution exclusion as part of insurance coverage and include a City Administration Committee Meeting August 26, 2020 Page 2 revocability clause. This allows changes to be made if the law changes. He urged the City to be on the right side of science and history. • Marie Molnar thanked the Committee for listening to public input and gave some history of the telecommunication act passed by Congress, which gives local governments the right to monitor their wireless communication. Marie mentioned some limits on the rights of municipalities, such as the City cannot give an unfair advantage to one carrier over another. Whatever leeway given to Verizon, must be given to other carriers. Whenever cell phone carriers want to install wireless facilities in the local area, the City can still require them to prove two things: that there is a significant gap in personal wireless service and that the proposed installation is the least intrusive means to remedy that gap. • Genevieve Rand spoke about the City maintaining its infrastructure [e.g. water, sewer, roads and facilities], especially in lower income areas. Roads are falling apart, and the public areas are not being well maintained. With the impact on the City budget, tough decisions would have to be made. Priorities would have to be decided. Genevieve asked the City to make it a high priority to improve the City’s infrastructure and suggested using funds from the Police Department’s budget to help make these improvements. • Marilee Murphy expressed her disappointed in there not being enough time or public input in the decisions being made about the G5 cell towers and that the process is taking place in the middle of a pandemic crisis. She encouraged the City to give careful thought in how the contract would be crafted and to make sure that the City is protected. Data shows the negative effects of cumulative exposure over the years. Should clear evidence of harm be provided in the coming years, how will this be addressed in the contract? Is annual renewal required? What mechanism would be available to report adverse effects? These questions need to be considered, explored and answered before signing a contract. • Allison DeSario thanked the Committee for allowing public comments and expressed concerns about bringing 5G into the City. She urged the City to think more objectively before approving and suggested adding language to the guidelines that would protect the City [e.g. general liability insurance without pollution exclusion, ensure judicial placement, have all guidelines submitted under oath and perjury, etc.]. Allison mentioned that reducing infrastructure is one of the top values of the Green New Deal and she does not think that this new technology is necessary enough to go against that value. • Jerone Gagliano is very concerned about the small 5G cell towers. Residents have not asked for this; it would be overly redundant to the current cell service that exist, and it goes against the mission of the Green New Deal. He stated that the guidelines are wide open and puts the City at the mercy of the tele-com. Will the City be liable for future potential environmental or health damage? Will the tele-com be required to go through an annual review? • Hada Ritz asked the City to either table the consideration of the design guidelines or make sure that the guidelines are written in a way that is in the best interest of the Ithaca community. If the City wants to do this, it must be justified with some clear benefit. Without a clear benefit, she urges City not to move forward with the buildout of the 5G infrastructure. • Lisa Bertuzzi stated that it is the responsibility of the City to improve the design guidelines. Lisa suggested adding some language to the guidelines such as: Verizon should sign an affidavit under oath and penalty of perjury; All communications should be in the agreement to avoid any misleading information that could lead to damages if it is not caught; Add a clause that gives the City the right to void or modify the agreement to take advantage of any potential future changes City Administration Committee Meeting August 26, 2020 Page 3 to FCC regulations; Require Verizon to carry general liability insurance without a pollution exclusion; Place an upper limit on antennas. • Ellie Pfeiffer was appreciative that the City is taking public comments seriously and making it happen, especially during these unprecedented times. As the City heads into the budget season, consider cutting the police department budget and prioritizing public works and public power. As the City considers adopting the 5G, she would like it to be considered a human right like electric, water & sewer. Public works serves the public only when it benefits the public regardless of income level and race. If one person has 5G, all should have it. Not one should be forgotten. • Adam Monzella spoke about 5G. He stated that the City is not concerned about its harmful effects and unwilling to take a stand to prevent this from happening to the City. Please consider for a moment if this technology could be harmful for residents. How would you feel in ten years when it this become fact or members of the community become sick because you decided to approve this agreement with Verizon? Can you accept this as a possibility? Do you feel that this technology is safe beyond a reasonable doubt? He, then, suggested ways to make the guidelines safer for people, better for the environment, ensure that the City has more control over what gets erected here and prevent towers from being built because of health effects. The suggestions included: make Verizon prove that there is a gap in coverage; require that everything submitted by the applicant is done under oath; maintain requirements for the next intrusive method to fill any coverage gap to build small cells and cell phone towers; have a clause holding the agreement requiring modifications in the event of changes in the regulation; and limit the carbon footprints of the towers. Help reduce potential risks. Do your job. Keep Ithacans safe. • Carmel Rome talked about the effects cell towers would have on children. They are be ten times more vulnerable or at risk. Do not compromise the health of Ithacans and their children. Implement fiber optic. It is better, safer, cheaper and the infrastructure is already in place. It is your responsibility to do right by our children. Public comments e-mailed to the Committee are attached at the end of the minutes. The Committee thanks everyone for their patience, adaptability and comments. 1.4 Statements from Employees. None. 1.5 Council Response Alderperson McGonigal thanked everyone who spoke. He mentioned that the Department of Public Works have hired more people, laid down sidewalks on West Hill that connects low income housing to downtown and that the City does not own its own power. This year, the City was able to purchase all the lights from NYSEG. They will be equipped with efficient lighting, which would save the City money, be fixed quicker and run more efficiently. Alderperson Kerslick thanked everyone who helped make the public comments section run well. He thanked the public for their thoughtful comments, for their knowledge about the topic and for their recognition of what City government can and cannot do. He explained that the Committee is not approving the 5G cell towers, they are just setting the City up as lead agency. City Administration Committee Meeting August 26, 2020 Page 4 2. Consent Agenda Items 2.1 IFD - Amendment of 2020 Budget for Purchase of Equipment Moved by Alderperson Kerslick. Seconded by Alderperson Gearhart. WHEREAS, on August 5, 2020, the Ithaca Fire Department was notified that it had received a FEMA Assistance Firefighters Grant to purchase hydraulic extrication tools, replacing equipment that is over twenty years old, and WHEREAS, the budgeted amount to purchase the extrication tools is forty thousand, five hundred, seventy-five dollars ($40,575), and WHEREAS, up to thirty-six thousand, nine hundred, eighty-one dollars ($36,981) for the purchase of the extrication tools are funded through the Assistance to Firefighters Grant Program, and WHEREAS, ten percent (10%) of the total costs to purchase extrication tools, estimated at three thousand ninety-nine dollars ($3,699), will be 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 Expenses: A3410-225 Equipment $36,981 Increase Revenues: A3410-2770 Unclassified Revenue $36,981 A vote on the resolution resulted as follows: Passed unanimously. 2.2 IFD - Amendment of 2020 Budget for Purchase of Personal Protective Equipment Due to COVID-19 Moved by Alderperson Kerslick. Seconded by Alderperson Gearhart. WHEREAS, on August 5, 2020, the Ithaca Fire Department was notified that it had received a FEMA Assistance Firefighters Grant to purchase personal protective equipment used in response to the COVID-19 pandemic, and WHEREAS, the budgeted amount to purchase personal protective equipment is six thousand, five hundred, twenty dollars ($6,520), and WHEREAS, up to five thousand, nine hundred, twenty-seven dollars ($5,927) for the purchase personal protective equipment is funded through the Assistance to Firefighters Grant Program, and WHEREAS, at least ten percent (10%) of the total costs to purchase personal protective equipment, estimated at five hundred, ninety-three dollars ($593), will be paid from the 2020 fire department operating budget; now, therefore, be it City Administration Committee Meeting August 26, 2020 Page 5 RESOLVED, That Common Council hereby amends the 2020 Fire Department Budget as follows: Increase Expenses: A3410-5460 Program Supplies $5,927 Increase Revenues: A3410-2770 Unclassified Revenue $5,927 A vote on the resolution resulted as follows: Passed unanimously. 3. Finance, Budget and Appropriations. None. 4. City Administration, Human Resources, and Policy 4.1 Approval for the Installation of Small Cell Facilities to Support Small Cell Wireless Technology Governed by a Master License Agreement Moved by Alderperson Kerslick. Seconded by Alderperson McGonigal. WHEREAS, 6 NYCRR, Part 617, of the State Environmental Quality Review Law and Chapter 176.6 of the City Code, Environmental Quality Review require a Lead Agency be established for conducting Environmental Review of projects in accordance with local and state environmental law, and WHEREAS, the City of Ithaca Common Council has one pending action for approval of the installation of small cell facilities, infrastructure, and/or equipment to support small cell wireless technology governed by the terms of the City’s Small Wireless Communications Facilities Master License Agreement, adopted by the Common Council on May 6, 2020, and WHEREAS, applicants must ensure adherence to the adopted design guidelines and all other applicable standards, regulations, and laws, consistent with the Common Council’s regulatory roles over the right-of-way as indicated by Article II, Chapter 152 of the City Code, and over the aesthetic and design concerns of the City as indicated by Article VA, Chapter 325 of the City Code, and WHEREAS, applicants must have an executed and valid license agreement prior to submission of an application to the Office of City Engineering for the required street permit to, and WHEREAS, this is a Type I Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQRO”) and the State Environmental Quality Review Act (“SEQRA”), and is subject to Environmental Review, 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; now, therefore, be it City Administration Committee Meeting August 26, 2020 Page 6 RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead Agency for the Environmental Review of design guidelines and all other applicable standards, regulations, and laws, consistent with the Common Council’s regulatory roles over the right-of-way as indicated by Article II, Chapter 152 of the City Code, and over the aesthetic and design concerns of the City as indicated by Article VA, Chapter 325 of the City Code. A vote on the resolution resulted as follows: Passed unanimously. 5. Discussion 5.1 Feedback on Public Comments The Committee discussed the public comments section, agreed that it went well and made suggestions on ways it could be improved. The comments submitted through the City’s website would be compiled and attached to the meeting minutes. Any suggestions made would be shared with the City Clerk and all Council members. 5.2 Letter to NYS Retirement System Discussion Alderperson McGonigal asked that this item be discussed. A few City employees, who faced tough decisions during the COVID-19 furlough, have retired before their time to maintain their current health insurance. There are a couple of bills being considered in the legislature that would allow public employees who are above age fifty-five [55] and with twenty-five years of service to retire with full benefits. Alderperson McGonigal wants to support these proposed legislations in the most effective way. After discussion, it was decided that Alderperson McGonigal would write a letter and e-mail it to Council to provide feedback. The final letter would be sent to local representatives, the Governor and the Comptroller. 5.3 Reinstatements from Furlough HR Director Michell-Nunn reported that as of today sixty-four of the eighty-one employees furloughed have been reinstated. 6 Meeting Wrap-up 6.1 Announcements. None. 6.2 Next Meeting Date: September 23, 2020. 6.3 Review, Agenda Items for Next Meeting. None. 6.4 Adjourn: With no further business and on a motion by Alderperson Kerslick, the meeting was adjourned at 7:53 p.m.