HomeMy WebLinkAboutMN-CC-2023-05-03
COMMON COUNCIL Voting Record
Date: Wednesday, May 3rd 2023
Location: City Hall, 108 E. Green Street 3rd Floor, Council Chambers
Meeting Called to order: 6:06 P.M.
Meeting Adjourned: 10:22 P.M.
YouTube Link: https://www.youtube.com/watch?v=_AoTwG9RI9I&t=77s
Attendance Record of Voting Members
Name Present (In Person) Remote Absent / Excused
Mayor – Laura Lewis X
1st Ward – Cynthia Brock X
1st Ward – George McGonigal X
2nd Ward – Phoebe Brown X
2nd Ward - Ducson Nguyen X
3rd Ward – Jeffrey Barken X
3rd Ward – Rob Gearhart X
4th Ward – Jorge DeFendini X
4th Ward - Tiffany Kumar X
5th Ward – Robert Cantelmo X
5th Ward - Kris Haines-Sharp X
Total voting members for this meeting 10
Agenda Item: 1.1 Agenda Review
YouTube Timestamp: 1:03
Discussion Summary: Robert Cantelmo requesting Resolution Amendment to Two Resolutions Passed by
Common Council in March 2023 and April 2023 Related to the City of Ithaca’s Safe Streets and Roads for All
Project and Carbon Reduction Program Project, Respectively, Allowing the City to Enter into Contracts and
Administer These Two Projects, be added to Consent Agenda as item 4.5
Motion to Approve: Robert Cantelmo
Seconded by: Jorge DeFendini
Vote Passed 10-0
Member Approve Deny Abstain Table
Cynthia Brock x
George McGonigal x
Phoebe Brown x
Ducson Nguyen x
Jeffrey Barken x
Rob Gearhart x
Jorge DeFendini x
Tiffany Kumar x
Robert Cantelmo x
Kris Haines-Sharp x
Agenda Item: 1.2 Reports of Municipal Officials
YouTube Timestamp: 37:25
Discussion Summary: Mayor Lewis acknowledged and offered an apology to Council and Public; Reports of
Municipal Officials was overlooked. Report from County Legislator Veronica Pillar and Susan Currie given after
Public Comments and Privilege of the Floor. Veronica gave a brief update on Community Recovery Funds. May is
Mental Health Awareness Month, invited all to come out Saturday May 13th for the Better Together Event being
held 10-3pm at Stewart Park.
Agenda Item: 1.3 Proclamations and Awards.
YouTube Timestamp:
Discussion Summary: No Awards This Month
Agenda Item: 1.4 Review/Approval of Common Council Minutes 1/1/2022-10/31/2022, 4/5/2023
YouTube Timestamp: 2:11
Discussion Summary: Cynthia expressed reservations over passing minutes as is.
Motion to Approve: Robert Cantelmo
Seconded by: Jorge DeFendini
Vote Passed 10-0
Member Approve Deny Abstain Table
Cynthia Brock x
George McGonigal x
Phoebe Brown x
Ducson Nguyen x
Jeffrey Barken x
Rob Gearhart x
Jorge DeFendini x
Tiffany Kumar x
Robert Cantelmo x
Kris Haines-Sharp x
Agenda Item: 2.1 Petitions and Hearings of Persons Before the Board
YouTube Time Stamp: 4:19
Discussion Summary: Comments from the Public. Mayor Lewis read Evacuation Instructions; apologized for the
inconvenience of the Elevator being out of service, notified public that the elevator is currently being serviced and
looks to be operational sooner than expected. Reminded public to address comments in respectful manner, and
commentors have up to 3 minutes.
Miles Wetherington – Adopt Home Together Tompkins Plan
Donna Fleming- Agenda Item 5.1 Equity and Justice Statement
Katie Sims- Home Together Tompkins/ Homelessness
Adam Hart- Home Together Tompkins
West Fox- Housing Policy/Home Together Tompkins
Caroline Feintel- Home Together Tompkins
Zach Winn- General Topics/City of Ithaca (Virtual)
Genevieve Rand- Home Together Tompkins (Virtual)
Kady Nawrocki- UPI
Agenda Item: 2.2 – Privilege of the Floor
YouTube Timestamp: 31:51
Discussion Summary: Comments from Council.
Cynthia Brock offered comments and thoughts on TIDES, Homelessness and Supporting Housing.
Phoebe Brown thanked the public for coming out. Raised questions and comments in response to
Homelessness/Houseless and couch surfers not being looked at through the same lens as those that are sleeping
in “the Jungle”. Phoebe also offered comments and thoughts on the New Diversity Inclusion Statement.
Agenda Item: 3.1 Special Presentations Before Council
YouTube Timestamp: 43:04
Discussion Summary: Presented by CJC Director Monalita Smiley. Council was provided detailed update in
Packet. Monalita briefly touched on CJC staffing; waiting on Civil Service exam results for Administrative
Assistance Position, CJC Advisory Board; lots of responses from stakeholders, scheduled meeting this month to
extend the deadline for applications, reached out to URO, OAR, for community members to serve on this board,
looking for more community member involvement and interest. Talked about the next phase of the Community
Healing Project. Discussion continued with questions and comments from Council.
Agenda Item 4.1-4.5 Consent Agenda
4.1 Approval of Outdoor Dining
4.2 Amendment to Personnel Roster
4.3 Updated License Agreement Pertaining to Public Parking
4.4 DPW-Amendment to Personnel Roster
4.5 Amendment to Two Resolutions Passed by Common Council in March 2023 and April 2023 Related to
the City of Ithaca’s Safe Streets and Roads for All Project and Carbon Reduction Program Project,
Respectively, Allowing the City to Enter into Contracts and Administer These Two Projects
YouTube Timestamp: 52:51
Discussion Summary: Includes the addition of Agenda Item 4.5.
Motion to Approve: Jorge DeFendini
Seconded by: Robert Cantelmo
Vote Passed 10-0
Member Approve Deny Abstain Table
Cynthia Brock X
George McGonigal X
Phoebe Brown X
Ducson Nguyen X
Jeffrey Barken X
Rob Gearhart X
Jorge DeFendini X
Tiffany Kumar X
Robert Cantelmo X
Kris Haines-Sharp X
4.1 PIT - Approval of Outdoor Dining Alcohol Permits
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 2023, 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 2023, Common Council hereby approves the following 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:
Mia Tapas Bar & Restaurant
Kimchi
Greenhouse Café
Creola Southern Steak House
Carried Unanimously
4.2 GIAC - Amendment to Personnel Roster
WHEREAS, the Greater Ithaca Activities Center (GIAC) needs a Program Coordinator position
to manage some of its special initiatives including serving as the School Aged Child Care
Program Director (SACC); and
WHEREAS, the Mayor and Common Council included this position in the authorized 2023
budget and at the March 1st Common Council meeting, the Mayor and Common Council
approved increasing the hours for this position to 25 hours per week to be able to fulfill the
demanding responsibilities of a SACC Director and other special events; and
WHEREAS, the distinct responsibilities of this position require minimum qualifications and
experience for a SACC director in accordance with the New York State Office of Children and
Family Services (OCFS); and
WHEREAS, OCFS is the regulatory and licensing authority for GIAC’s youth afterschool
program; and
WHEREAS, the regular GIAC Program Coordinator job description and minimum qualifications
do not meet the requirements of OCFS, hence the need to create a new title; and
WHEREAS, GIAC’S 2023 operating budget as approved has funding to support this position
and no additional funds are needed; now, therefore, be it
RESOLVED, that the Personnel Roster of the Greater Ithaca Activities Center be amended as
follows:
Add: One (1) GIAC Program Coordinator – Special Initiatives (25 hours/week)
and be it further
RESOLVED, that the position of GIAC Program Coordinator – Special Initiatives shall be
assigned to the CSEA Administrative Unit Compensation Plan at salary grade 15, 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 seven (7) hours per day (thirty-five (35) hours per week),
and be it further
RESOLVED, that funding for this position shall be derived from the approved 2023 departmental
budget.
Carried Unanimously
4.3 Resolution to Approve Updated License Agreement Pertaining to Public Parking Lot at West
Court and North Fulton Streets
WHEREAS, Wink’s Leasing, LLC, owner of Wink’s Body Shop located at 720 West Court Street
(“Wink’s”), and the City of Ithaca have previously been parties to license agreements dated February 26,
2016 and May 13, 2019 whereby Wink’s was granted a revocable license authorizing it to use a number of
parking spaces in the public parking lot located at the corner of West Court Street and North Fulton Street,
Tax Parcel 52.-3-20 (“Public Parking Lot”); and
WHEREAS, Wink’s desires to increase the number of spaces licensed in the Public Parking
Lot from 21 to 29 spaces; and
WHEREAS, the Director of Parking and Transportation has determined that the Public
Parking Lot is underutilized and that licensing an additional 8 spaces to Wink’s will not
negatively impact the availability of spaces available to the public for permit parking; and
WHEREAS, the City will continue to offer parking permits to the public for the remaining
standard and ADA-accessible spaces in the Public Parking Lot; and
WHEREAS, Wink’s has agreed to pay a monthly fee of $35 per space per month for each of
the 29 spaces to be licensed; and
WHEREAS, the Superintendent of Public Works does not anticipate any conflicts in the near
future with public works uses or needs; be it hereby
RESOLVED, that the Mayor, subject to the advice of the City Attorney, is hereby authorized
to execute an updated license agreement with Wink’s in a form substantially similar to the
draft attached hereto; and be it further
RESOLVED, that the Superintendent of Public Works, subject to the advice of the City
Attorney, is hereby authorized to approve future increases or reductions in the number of
spaces licensed in the Public Parking Lot or to increase the fees therefor, and to execute any
necessary documentation reflecting such changes, without further authorization of Common
Council, provided that the City shall at all times retain an appropriate number of spaces
available to offer to the public.
Carried Unanimously
4.4 DPW - Amendment to Personnel Roster
WHEREAS, the Streets & Facilities division of the DPW has a vacant Working Supervisor
position, and
WHEREAS, this position has routinely been assigned work within the Highway section of
maintaining stormwater infrastructure, and
WHEREAS, the DPW has added a stormwater engineer position to the roster to assist with
maintaining compliance with state and federal regulations, and
WHEREAS, this position would align with the organization structure at Streets & Facilities;
now, therefore, be it
RESOLVED, that the Personnel Roster of the Streets and Facilities Division of the Department
of Public Works be amended as follows:
Add: One (1) Working Supervisor – Stormwater
Delete: One (1) Working Supervisor
and be it further
RESOLVED, that the position of Working Supervisor - Stormwater shall be assigned to the
CSEA DPW Unit Compensation Plan at salary grade 8, 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 2023
departmental budget.
Carried Unanimously
4.5 Amendment to Two Resolutions Passed by Common Council in March 2023 and April 2023
Related to the City of Ithaca’s Safe Streets and Roads for All Project and Carbon Reduction
Program Project, Respectively, Allowing the City to Enter into Contracts and Administer These
Two Projects
WHEREAS, the City of Ithaca Common Council has passed a resolution during its March 2023 meeting
allowing the City to proceed with a Safe Streets and Roads for All (SS4A) Federal Aid Project (Capital
Project # 915), and approved of the City providing a local match as stated in the resolution; and
WHEREAS, the City of Ithaca Common Council has passed a resolution during its April 2023 meeting
allowing the City to proceed with a Carbon Reduction Program Federal Aid Project (Capital Project
#927), and approved of the City providing a local match as stated in the resolution; and
WHEREAS, the resolutions for these projects did not include language allowing the Mayor of the City of
Ithaca and the Superintendent of Public Works to execute necessary contracts, certifications, and
reimbursement requests; and
WHEREAS, this resolution is written to correct the above stated omission and provide an amendment to
the previously passed resolutions relating to these two Projects; then be it
RESOLVED, that the Mayor of the City of Ithaca be and is hereby authorized to execute all necessary
Agreements for the Project, 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
Federal Highway Administration, and the New York State Department of Transportation, in connection
with the advancement or approval of the Projects and providing for the administration of the Projects 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.
RESOLVED, that this resolution serves as an amendment to the two Common Council resolutions listed
above, passed during the March 2023 and April 2023 Common Council meetings, and is effective
immediately.
Carried Unanimously
Agenda Item: 5.1 Resolution to Adopt Workforce Diversity Advisory Committee “Commitment to Equity
and Justice Statement.
YouTube Timestamp: 52:51
Discussion Summary: Presented by S. Michell-Nunn, HR Director with representatives from WDAC.
Discussions around the benefits of Courageous Conversations, revisiting the statement from 1998 and language
change and what is required for an inclusive environment. In depth discussion continued with questions and
comments from Council. Friendly Amendment made to delete “and adopting” from Second Sentence in 1st
paragraph of Commitment to Equity and Justice Statement. Friendly to Mover and Seconder.
Motion to Approve: Robert Cantelmo
Seconded by: Jorge DeFendini
Vote Passed 9-1
Member Approve Deny Abstain Table
Cynthia Brock X
George McGonigal X
Phoebe Brown X
Ducson Nguyen X
Jeffrey Barken X
Rob Gearhart X
Jorge DeFendini X
Tiffany Kumar X
Robert Cantelmo X
Kris Haines-Sharp X
5.1 Resolution to Adopt Workforce Diversity Advisory Committee ‘Commitment to
Equity and Justice Statement’
WHEREAS, the Workforce Diversity Advisory Committee’s (WDAC) overall objective is to improve
existing City policies or to propose new policies which will help improve workforce diversity as an integral
part of the operations of the City of Ithaca government; and
WHEREAS, the Common Council adopted the current Diversity Statement on December 2, 1998; and
WHEREAS, the WDAC has determined that the City’s workforce would be better served by an updated
statement more reflective of current diversity practices and initiatives; now, therefore be it
RESOLVED, that the Common Council adopt the Commitment to Equity and Justice
Statement to replace the city’s Diversity Statement.
Vote Passed 9-1
All In Favor Against
Brock, Barken
McGonigal,
Brown,
Nguyen,
Gearhart,
DeFendini,
Kumar,
Cantelmo,
Haines-Sharp
Agenda Item: 5.2 Approval of Police Chief Salary Adjustment
YouTube Timestamp: 1:29:45
Discussion Summary: HR Director took questions and comments from Council. Schelley responded to Phoebe’s
questions regarding the language, as to why Reimagining Public Safety must be mentioned when advertising the
position. Schelley talked about the intent of the language is to attract individuals to this position and to incentivize
the right person to want this job. Discussion continued with questions and comments on who is qualified to apply
for the position.
Motion to Approve: Robert Cantelmo
Seconded by: Ducson Nguyen
Vote Passed 8-2
Member Approve Deny Abstain Table
Cynthia Brock X
George McGonigal X
Phoebe Brown X
Ducson Nguyen X
Jeffrey Barken X
Rob Gearhart X
Jorge DeFendini X
Tiffany Kumar X
Robert Cantelmo X
Kris Haines-Sharp X
5.2 Resolution – Approval for Police Chief Salary Adjustment
WHEREAS, it has become increasingly clear that we are in a very competitive market for
recruiting high quality individuals, and
WHEREAS, the City has committed itself to a major transformational journey in Reimagining
Public Safety which will improve the safety and wellbeing of all individuals in our community,
and
WHEREAS, based on input from Common Council and members of the community through
surveys and focus groups, the city will seek an individual who has a proven track record in
crime reduction strategies, being community-minded, also able to engage all stakeholders,
reform oriented, and committed to social justice, and
WHEREAS, the President of the Executive Search Firm, Public Sector Search and Consulting
has advised that due to the challenges facing law enforcement everywhere but particularly in
our local climate, a salary increase is necessary to attract the desired candidate, and
WHEREAS, the Police Chief position is currently at a salary grade twelve (12) with a salary
range of $110,460 to $132,552, the City has been advised that a higher salary may attract the
right person, now therefore, be it
RESOLVED, that Common Council hereby acknowledges the unique and extenuating
circumstances that exist at this time given the City’s difficulty with recruiting law enforcement at
all levels and its desire to move forward with implementing the recommendations of
Reimagining Public Safety, which is synonymous with reducing crime and improving safety for
all, and be it further
RESOLVED, that Common Council authorizes a starting salary of up to $150,000 and a
$50,000 sign on bonus to be paid evenly over three (3) years for this Police Chief search.
Vote Passed 8-2
All In Favor Against
Brock Brown
McGonigal DeFendini
Nguyen
Barken
Gearhart
Kumar
Cantelmo
Haine-Sharp
Agenda Item: 6.1 Resolution- Release of Funds from Restricted Contingency to Address Homelessness
YouTube Timestamp: 1:49:42
Discussion Summary: Resolution read by Robert Gearhart. Present for questions and comments is Director of
Planning and Economic Development Lisa Nicholas, IURA Director Nels Bohn and Mike Thorne. Questions and
comments from Council regarding mobile showers and staffing to monitor showering facilities. Cynthia shared
thoughts on finding other options for those living unhoused and banned from legal shelters who do not have
access to emergency shelters. Mayor Lewis brought to Council’s attention there is a 1-year Pilot Program Plan,
not fully drafted, being worked on by the Working Group.
Motion to Approve: Robert Gearhart
Seconded by: Jorge DeFendini
Vote Passed: 10-0
Member Approve Deny Abstain Table
Cynthia Brock X
George McGonigal X
Phoebe Brown X
Ducson Nguyen X
Jeffrey Barken X
Rob Gearhart X
Jorge DeFendini X
Tiffany Kumar X
Robert Cantelmo X
Kris Haines-Sharp X
6.1 Resolution - Release of Funds from Restricted Contingency to Address Homelessness
WHEREAS, as part of the 2023 Authorized City Budget, Common Council included $100,000 in restricted
contingency funding to address homelessness, and
WHEREAS, staff is requesting that up to $73,700 be released for the following purposes:
• $60,000 to lease or rent one two-station portable toilet and shower. The units will be transported
to the City-owned southwest property on a yet-to-be-determined regular weekly schedule for the
purpose of providing basic hygiene facilities to those experiencing homelessness. (Rental =
approx. $6,000/ month for 10 months = $60,000).
• $5,000 to place and maintain a dumpster on the City -owned southwest property for the
purpose of providing basic sanitation facilities. ($500/ month for 10 months)
• $8,700 to purchase fencing materials to be erected on the city-owned Brindley St property. The
purpose of the fencing is to limit access to the property and prevent reestablishment of
campsites on this sensitive site during 2023. Staff will strive to develop a design and program for
site restoration and public use; now, therefore be it
RESOLVED, That Common Council hereby releases up to $73,700 from Account A1990
Restricted Contingency and transfers the funds to the appropriate account for the purpose of
funding these activities in for 2023.
Carried Unanimously
Agenda Item 6.2 Endorsement of “Home, Together: Tompkins” Plan to Address Unsheltered
Homelessness
YouTube Timestamp: 2:05:22
Discussion Summary: Jorge opened discussion with talking about a potential amendment to “adopt” as opposed
to “endorse” the Resolution but did Not make a motion to amend. Phoebe asked for more clarification on “Adopt”
vs “Endorse” Ari went over Adopt vs Endorse for clarification. IURA Director Nels Bohn provided Council with a
summary response. Discussions continued comments from Human Services Coalition, Director of Housing
Initiatives Liddy Bargar and Housing Specialist Simone Gatson
Motion to Approve: Robert Gearhart
Seconded by: Ducson Nguyen
Vote Passed: 10-0
Member Approve Deny Abstain Table
Cynthia Brock X
George McGonigal X
Phoebe Brown X
Ducson Nguyen X
Jeffrey Barken X
Rob Gearhart X
Jorge DeFendini X
Tiffany Kumar X
Robert Cantelmo X
Kris Haines-Sharp X
6.2 Endorsement of “Home, Together: Tompkins” Plan to Address Unsheltered Homelessness
WHEREAS, the City of Ithaca is a member of the Ithaca/Tompkins County Continuum of Care (CoC), the
local planning organization charged with coordinating the local homeless response system, and
WHEREAS, the CoC commissioned the Homeless and Housing Needs Assessment for Tompkins County,
completed in March 2022, that concluded a shortage of permanent supportive housing units and
affordable rental housing units creates a bottleneck to move unhoused persons to housing in a timely
manner, and
WHEREAS, in December 2022, the CoC adopted a community-wide action plan to reduce unsheltered
homelessness titled Home, Together: Tompkins (HTT Plan), and
WHEREAS, the HTT plan recommends the following strategies to reduce unsheltered homelessness:
• Build 100 units of permanent supportive housing units
• Expand emergency shelter capacity
• Organize and implement a “housing surge” to move unsheltered persons to housing
• Enhance and coordinate housing navigation services, and
WHEREAS, the CoC recognizes the HTT Plan will only be effective if municipalities, non-profits, housing
developers, and other stakeholders work collaboratively to implement the plan, and
WHEREAS, unsheltered homelessness is a persistent and growing challenge in the community, and
WHEREAS, endorsement of the HTT Plan will strengthen the competitiveness of funding applications
seeking to implement strategies contained in the plan, and
WHEREAS, under its Rules of Procedure, the Common Council is authorized to “accept,” “endorse,” or
“adopt” a plan, where “acceptance” acknowledges receipt and thanks its author, “endorsement” is
defined to mean it concurs in the plan’s findings and/or recommendations, and “adoption” is defined
to mean it commits itself to implementing the plan’s recommendations, and
WHEREAS, on March 23, 2023, the Ithaca Urban Renewal Agency (IURA) endorsed the HTT Plan and
recommended Common Council endorse the HTT plan; now, therefore, be it
RESOLVED, on recommendation of the IURA, that the City of Ithaca Common Council hereby
endorses the Ithaca/Tompkins Continuum of Care’s Home, Together: Tompkins plan to reduce
unsheltered homelessness, and be it further
RESOLVED, this endorsement shall not constitute an obligation of the Common Council to fund any
specific initiative or project contained in the plan.
Carried Unanimously
Agenda Item 6.3 Resolution- HOME-ARP Allocation Plan-HUD Entitlement Grant
YouTube Timestamp: 2:17:12
Discussion Summary: Read by Robert Gearhart. Community Development Planner Anisa Mendizabal present
to talk about Allocation Plan. George asked for the meaning of Non-Congregate Shelter. Discussion continued
with responses to questions and comments from Council.
Motion to Approve: Robert Gearhart
Seconded by: Cynthia Brock
Vote Passed: 10-0
Member Approve Deny Abstain Table
Cynthia Brock X
George McGonigal X
Phoebe Brown X
Ducson Nguyen X
Jeffrey Barken X
Rob Gearhart X
Jorge DeFendini X
Tiffany Kumar X
Robert Cantelmo X
Kris Haines-Sharp X
6.3 Resolution - HOME-ARP Allocation Plan: City of Ithaca HUD Entitlement Program
WHEREAS, the City of Ithaca (City) is eligible to receive an annual formula allocation of funds to address
community development needs through the U.S. Department of Housing & Urban Development (HUD)
Entitlement program from the Community Development Block Grant (CDBG) program and the HOME
Investment Partnerships (HOME) program funding sources, and
WHEREAS, the City has contracted with the Ithaca Urban Renewal Agency (IURA) to plan, administer,
implement and monitor the City’s HUD Entitlement program in compliance with all applicable
regulations, and
WHEREAS, The American Rescue Plan (ARP) Act of 2021 provides a special $5 billion appropriation of
HUD’s HOME funds to alleviate homelessness and housing instability in the aftermath of the COVID-19
pandemic through a special program known as HOME-ARP, and
WHEREAS, the City, as a HUD Entitlement Community, is eligible to receive a one-time allocation of
$1,211,000 in HOME-ARP funds upon submission of a satisfactory HOME-ARP Allocation Plan, and
WHEREAS, the IURA staff developed a draft HOME-ARP Allocation Plan in compliance with mandated
consultation and public participation procedures and all applicable regulations, and
WHEREAS, at their March 23, 2023 meeting, the IURA adopted the draft HOME-ARP Allocation Plan and
submitted it to HUD for review prior to the March 31, 2023 deadline, and
WHEREAS, as a final step to access grant funds, the HOME-ARP Allocation Plan must be approved by the
Common Council as a substantial amendment to the 2021 HUD Action Plan; now, therefore, be it
RESOLVED, the City of Ithaca Common Council hereby approves the “City of Ithaca HOME-ARP Allocation
Plan,” dated March 23, 2023, as a substantial amendment to the 2021 HUD Entitlement Action Plan, and
be it further
RESOLVED, that the Mayor, in consultation with the IURA Chair, is authorized to make minor
modifications and clarifications to the allocation plan to address any issues raised by HUD.
Carried Unanimously
Agenda Item 6.4 Resolution to Select Artwork for City-Owned Electrical Boxes
YouTube Timestamp: 2:28:22
Discussion Summary: Resolution read by Robert Gearhart. Megan Wilson not in attendance to address
questions and comments from Council. Phoebe asked how art on Electrical Boxes helps people in the community
thrive. Information packet about Artists and their work was submitted to Council. Rob G open to answer
questions from Council.
Motion to Approve: Robert Gearhart
Seconded by: Cynthia Brock
Vote Passed: 10-0
Member Approve Deny Abstain Table
Cynthia Brock X
George McGonigal X
Phoebe Brown X
Ducson Nguyen X
Jeffrey Barken X
Rob Gearhart X
Jorge DeFendini X
Tiffany Kumar X
Robert Cantelmo X
Kris Haines-Sharp X
6.4 Resolution to Select Artwork for City-Owned Electrical Boxes
WHEREAS, in 2012 the City’s Public Art Commission launched a project to beautify 21
municipal electrical boxes through the creation of mini-murals, and subsequent rounds of the
project were completed in 2014, 2016, and 2017 and
WHEREAS, Ithaca Murals and Get Your GreenBack (GYGB) Tompkins have proposed a
new project to install murals on 15 electrical boxes throughout the City, and
WHEREAS, the project, titled Thriving Futures, focuses on the theme of building a future where
all people and living environments thrives, and
WHEREAS, the Board of Public Works approved several locations for future murals and street
art, including municipal electrical boxes throughout the city, by resolution on May 19, 2010, and
all of the proposed locations are included in this approval, and
WHEREAS, Ithaca Murals and GYGB Tompkins issued a call for proposals, and their review
committee selected 15 proposals for the project,
WHEREAS, the project will be privately funded and will be budget-neutral to the City; now,
therefore, be it
RESOLVED, that the City of Ithaca Common Council selects the submissions of the following
artists for Thriving Futures: Bethany Parisi; Cruz Newman; Joshua Swartwood; Karolina Piorko,
Maya Kamaeva, and Ami Mehta; Muhamed Kafedzic Muha; Kel Swensen; Rachel Feirman;
Stacia Humby; Vivinne Williams; Susan Eschbach; Emily Hoyt; Isaac Sharp; Samarra Khaja;
Dorothy Lovelace; 2023 Be Mitzvah class at Tikkun v’Or Reform Temple; (as shown in
“Thriving Futures Mural Proposals (2023)”); and be it further
RESOLVED, that the selected artists may proceed with the installation of their murals on their
appointed electrical box upon the execution of an agreement with the City (as reviewed by the
City Attorney).
Carried Unanimously
Agenda Item: 7.1 Resolution- Appointment of Marriage Officer
YouTube Timestamp: 2:28:22
Discussion Summary: Resolution read by Mayor Lewis. Seph (Joseph) Murtagh Marriage Officer for the
date June 3rd, 2023, in the City of Ithaca
Motion to Approve: Robert Gearhart
Seconded by: Ducson Nguyen
Vote Passed: 10-0
Member Approve Deny Abstain Table
Cynthia Brock X
George McGonigal X
Phoebe Brown X
Ducson Nguyen X
Jeffrey Barken X
Rob Gearhart X
Jorge DeFendini X
Tiffany Kumar X
Robert Cantelmo X
Kris Haines-Sharp X
7.1 Resolution - Appointment of Marriage Officer
WHEREAS, the Mayor’s Office received a request to appoint Joseph (Seph) Murtagh as a
Marriage Officer in order to perform a wedding ceremony for a special couple, and
WHEREAS, Mr. Murtagh meets the requirements of the New York State Domestic Relations
Law for being appointed as a Marriage Officer for the City of Ithaca; now, therefore, be it
RESOLVED, That Joseph (Seph) Murtagh be designated as a Marriage Officer for the date
June 3rd, 2023.
Carried Unanimously
Agenda Item: 8.1 Reports from Special Committee
YouTube Timestamp: 2:23:37
Discussion Summary: No Report
Agenda Item 8.2 Reports of Common Council Liaisons
YouTube Timestamp: 2:34:47
Jorge DeFendini- AOC Budget, Follow up with Alan Karasin, PIT on broadcasting council meetings, Cayuga
Heights Village Liaison needs to be reappointed, new city appointee needs to be sworn in
Phoebe Brown- Southside Community Center- Update given on afterschool program, Food Pantry, and
Community Lunch, Teen and Pre-Teen programs. June-Teenth Program and Harriett Tubman Freedom Ride.
Summer Camp has a waiting list. Phoebe talked about a celebration of Voters Rights on August 6th. More
information to come.
Agenda Item: 8.3 Report of City Clerk
No Report- City Controller Report overlooked after CA Committee Agenda Items 5.1 and 5.2 and will be
given now.
Report from City Controller
YouTube Timestamp: 2:43:44
Steve Thayer- This month we are 1.3 % ahead, For 2023 CPI is at 5.8%, a slow drop from our high of just over
9% from June 2022. State Budget has been approved. Funding remains the same.
Agenda Item: 8.4 Report of City Attorney – Executive Session
Agenda Item: 9 Executive Session #1 – Discuss Employment History
YouTube Timestamp: 2:46:28
Discussion Summary- There Will Be a Vote and Council Will Be Returning to Chambers.
Motion to Enter Executive Session
Moved By: Jorge DeFendini
Seconded by: Robert Gearhart
Vote Passed: 10-0
Member Approve Deny Abstain Table
Cynthia Brock X
George McGonigal X
Phoebe Brown X
Ducson Nguyen X
Jeffrey Barken X
Rob Gearhart X
Jorge DeFendini X
Tiffany Kumar X
Robert Cantelmo X
Kris Haines-Sharp X
Motion to Exit Executive Session
Moved By: Ducson Nguyen
Seconded By: Tiffany Kumar
Vote Passed: 10-0
Member Approve Deny Abstain Table
Cynthia Brock X
George McGonigal X
Phoebe Brown X
Ducson Nguyen X
Jeffrey Barken X
Rob Gearhart X
Jorge DeFendini X
Tiffany Kumar X
Robert Cantelmo X
Kris Haines-Sharp X
Agenda Item: 9.1 Resolution- Crews Settlement
YouTube Timestamp: 3:14:43
Discussion Summary: Resolution read by Ducson Nguyen.
Moved By: Ducson Nguyen
Seconded By: Kris Haines-Sharp
Vote Passed: 10-0
Member Approve Deny Abstain Table
Cynthia Brock X
George McGonigal X
Phoebe Brown X
Ducson Nguyen X
Jeffrey Barken X
Rob Gearhart X
Jorge DeFendini X
Tiffany Kumar X
Robert Cantelmo X
Kris Haines-Sharp X
9.1 Resolution Crews Settlement
WHEREAS, the City of Ithaca (“City”) and Police Officer Sarah Crews have been engaged in
protracted federal litigation and arbitration proceedings that have been costly and distracted
leadership and officers of the Ithaca Police Department (the “Department”) from departmental
operations; and
WHEREAS, the United States District Court for the Northern District of New York and United
States Court of Appeals for the Second Circuit held that the disciplinary actions taken by the City
against Officer Crews did not discriminate or retaliate against her for any unlawful reason (the
“Court Decisions”); and
WHEREAS, notwithstanding the federal decisions, on March 30, 2023, Arbitrator Timothy
Taylor entered an award finding the City did not have just cause to impose the penalty of a thirty
day unpaid suspension on Officer Crews (the “Award”) for reasons set forth in a January 10,
2019 Notice of Discipline (“NOD”) to Officer Crews; and
WHEREAS, the City reserved the right to challenge the Award in court because, among other
things, it may conflict with the Decisions, but such proceedings would be time consuming and
costly with no assurance of success; and
WHEREAS, the arbitration process has not determined whether Officer Crews’ employment
should be terminated for reasons set forth in a September 25, 2019 NOD, with numerous
additional hearing dates and legal briefing required to determine that issue; and
WHEREAS, in consideration of the foregoing, the City, PBA, and Officer Crews pursued
settlement negotiations that have resulted in an agreement in principle (subject to Council
approval) on terms that will include Officer Crews’ retirement upon attaining retirement
eligibility in 2024, a settlement payment of $275,000 from the City to Officer Crews in
connection with same, and the parties’ exchange of full and general releases of all claims relating
to Officer Crews’ employment; and
WHEREAS, it is in the City’s and the Department’s best interest to settle and fully resolve this
matter on the above described terms; now, therefore, be it
RESOLVED, that Common Council authorizes the Mayor to prepare and execute a definitive
settlement agreement among the City, Crews, and PBA on terms including Officer Crews’
retirement, a settlement payment to her of $275,000, and full and general mutual releases of
claims, with funding to be drawn from account A1930-5700 Judgements.
Carried Unanimously
Agenda Item: 9.2 Executive Session #2- Pending Litigation
YouTube Timestamp: 3:17:27
Discussion Summary: There will be No vote. Council Will Not be Returning to Chambers.
Moved By: Ducson Nguyen
Seconded By: Jorge DeFendini
Vote Passed: 10-0
Member Approve Deny Abstain Table
Cynthia Brock X
George McGonigal X
Phoebe Brown X
Ducson Nguyen X
Jeffrey Barken X
Rob Gearhart X
Jorge DeFendini X
Tiffany Kumar X
Robert Cantelmo X
Kris Haines-Sharp X
Motion to Exit Executive Session # 2
Moved By: Robert Gearhart
Seconded By: Robert Cantelmo
Vote Passed: 10-0
Member Approve Deny Abstain Table
Cynthia Brock X
George McGonigal X
Phoebe Brown X
Ducson Nguyen X
Jeffrey Barken X
Rob Gearhart X
Jorge DeFendini X
Tiffany Kumar X
Robert Cantelmo X
Kris Haines-Sharp X
Agenda Item: 10 Meeting Wrap-up
Next Meeting June 7th 2023
Meeting Adjourn- Carried Unanimously
Vote Passed: 10-0
Member Approve Deny Abstain Table
Cynthia Brock X
George McGonigal X
Phoebe Brown X
Ducson Nguyen X
Jeffrey Barken X
Rob Gearhart X
Jorge DeFendini X
Tiffany Kumar X
Robert Cantelmo X
Kris Haines-Sharp X