HomeMy WebLinkAboutMN-SPCC-2023-08-09SPECIAL Common Council Voting Record
Date: Wednesday, August 9TH 2023
Location: City Hall, 108 E. Green Street 3rd Floor, Council Chambers
Meeting Called to order: 6:04 P.M.
Meeting Adjourned: 10:41 P.M.
YouTube Link:
https://www.youtube.com/watch?v=uK_LV3Mg2xM&list=PLfplo_VA57eoynrqxkGvi11vxHlwByjZw&index=1
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- Donna Fleming 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 9
Item 1: Call To Order
1.1: Review of Agenda
YouTube Timestamp: 0:27
Discussion Summary: Alderperson Haines-Sharp is excused from tonight’s meeting; There will be No Public
Comments for this Special Meeting. Mayor Lewis asked for a reordering of the agenda. Member Filed Items are
being moved to come before Special Order of Business. Mayor Lewis asked Council to approve adding a
resolution to fund an executive search firm to conduct a search for a city controller to tonight’s agenda; council
agreed with adding a third resolution to the agenda.
Item 2 Member Filed
2.1: Resolution to Authorize Staff to Enter Contract with KPMG for Pro-Bono Services
YouTube Timestamp: 2:16
Moved By: Alderperson Gearhart
Seconded by: Alderperson DeFendini
Discussion Summary: Rebecca Evans was present and provided context on how the relationship with KPMG
began and the need for bringing to Member Filed; this is pilot program; funding runs out at the end of the year.
Rebecca went on to explain that it is in the best interest of us and KPMG to move things along to take advantage
of these Pro-Bono Services. Discussion continued with questions and comments from Council. Council
Alderperson clarified resolution is coming to Member Filed out of PEDC.
Vote Passed: 8-1
Member All In Favor Oppose Abstain
Cynthia Brock X
George McGonigal X
Phoebe Brown X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Jorge DeFendini X
Tiffany Kumar X
Robert Cantelmo X
Kris Haines-Sharp
Resolution to Authorize Staff to Enter Contract with KPMG for Pro-Bono Services
WHEREAS, the City of Ithaca has demonstrated its desire and commitment to be a leader in sustainability and
social equity, as exemplified by the adoption of the Ithaca Green New Deal; and
Whereas, the City of Ithaca has further demonstrated its commitment to social and racial equity and sustainability,
as exemplified in the City of Ithaca Comprehensive Plan, Plan Ithaca and the City’s 2017 Assessment of Fair
Housing; and
Whereas, KPMG International is a global leader in sustainability consulting services who wishes to partner with
the City of Ithaca for the development of “urban digital twins”, policy, and infrastructure analysis as a part of the
Net Zero Urban Program; and
Whereas, at the 2022 United Nations Framework Convention on Climate Change (UNFCC) 27th Conference of
the Parties (COP), KPMG International announced the launch of the new Net Zero Urban Program and its mission
to “bridge the missing middle between sustainable technological solutions and capital through technology and
partnerships”; and
Whereas, in 2023, the Federal Emergency Management Agency (FEMA) proposed revised flood maps for
Tompkins County and are expected to be adopted in the next 12-18 months; and
Whereas, as a result of the proposed revised flood maps, many residential and commercial properties are in the
“high risk” flooding zone, as defined by FEMA; and
Whereas, the City of Ithaca has demonstrated a priority is identifying flood mitigation strategies, as exemplified by
the 2022 FEMA grant application in the amount of $12,000,000; and
Whereas, strategy identification and deployment positively contribute to a future City of Ithaca Climate Resilience
& Adaptation Plan; and
Whereas, KPMG International has offered these services to the City of Ithaca at no cost to the City (pro bono);
and
Whereas, City staff believe this project could positively influence the impacts of flooding and intend to work with
KPMG International to develop a scope of work that may include:
• Visualization of flood zones
• Simulation of peak flood levels
• Approximation of receding time for peak flood levels
• Simulation of disruption of emergency services
• Simulation of expected evacuation needs in the event of a flood
• Other simulations related to flooding as dictated by Planning and DPW staff
Therefore be it;
RESOLVED, that contingent upon the successful contract negotiation with the assistance of the City Attorney, the
City of Ithaca Common Council authorizes Planning staff to enter a contract for pro-bono services with KPMG
International.
Carried 8-1 (Brock)
Brock- Nay, McGonigal-Aye
Brown-Aye, Nguyen- Aye
Fleming- Aye Gearhart-Aye
DeFendini-Aye Kumar- Aye
Cantelmo- Aye
Haines-Sharp-Excused
2.2: Resolution Appointing members to the Planning and Development Board
YouTube Timestamp: 25:35
Moved By: Alderperson Gearhart
Seconded by: Alderperson DeFendini
Discussion Summary: No Discussion, comments, or questions from Council
Vote Passed: 9-0
Member All In Favor Oppose Abstain
Cynthia Brock X
George McGonigal X
Phoebe Brown X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Jorge DeFendini X
Tiffany Kumar X
Robert Cantelmo X
Kris Haines-Sharp
Resolution Appointing members to the Planning and Development Board
RESOLVED, that Basel Khoury is appointed to the Planning and Development Board for a term of 3 years ending
on December 31, 2025, and that Emily Petrina is appointed to the Planning and Development Board for a term of
3 years ending on December 31, 2025.
Carried Unanimously 9-0
2.3 Resolution to Fund an Executive Search Firm to Conduct the Search for City Controller
YouTube Timestamp: 26:31
Moved By: Alderperson Cantelmo
Seconded by: Alderperson DeFendini
Discussion Summary: Mayor Lewis reminded Council a search was Launched for a Controller, an offer was
made to a selected candidate and offer was declined. ProNexus is confident an interim can be identified within a
matter of weeks to assist City Controller for the remainder of 2023, to potentially be on board 3-4 months. City
Controller suggested to council to amend the second to the last resolve to change Interim Controller to Interim
Staff; Alderperson Cantelmo moved to amend as friendly. City Attorney Lavine weighed in on discussion by
adding, the amendment speaks to the question of whether this person will have the authority of the Controller.
Vote Passed: 9-0
Member All In Favor Oppose Abstain
Cynthia Brock X
George McGonigal X
Phoebe Brown X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Jorge DeFendini X
Tiffany Kumar X
Robert Cantelmo X
Kris Haines-Sharp
RESOLUTION: To Fund an Executive Search Firm to Conduct the Search for a City Controller
WHEREAS, the City of Ithaca underwent a protracted search for the next City Controller, and
WHEREAS, while the search did result in viable candidates, the city was not able to secure a
candidate to fill the Controller position, and
WHEREAS, due to the need for dedicated efforts to develop a robust pool of candidates, which
requires extensive networking and strong connections in the finance world, the Mayor and the
Human Resources Director desire to engage an Executive Search firm, and
WHEREAS, the Mayor and the Human Resources Director have been in conversation with
representatives from ProNexus. ProNexus is an executive search firm comprised of CPAs and
former Controllers & CFOs. The Mayor and the Human Resources Director believe that it is in the
best interest of the city to engage this organization to conduct a search for a permanent Controller,
and
WHEREAS, given the delayed retirement of the current City Controller it is prudent and respectful
to engage ProNexus to identify an interim Controller, now therefore be it
RESOLVED, that Common Council authorizes the Mayor to enter into a contract with ProNexus,
LLC to provide executive search services to fill the Controller position and provide interim service
while the search is underway, and be it
RESOLVED, that Common Council authorizes that 25% of the starting salary for the controller,
up to $35,000, be paid to ProNexus for the controller search and
RESOLVED, that Common Council authorizes up to $27,200 be paid for a part-time interim
controller Staff for the remainder of 2023, and be it further
RESOLVED, that the funds for said City Manager search be derived from Existing Funds in Controllers
Office Budget.
Carried Unanimously 9-0
2.4 Executive Session
Move to Enter into Executive Session
YouTube Time Stamp: 33:59
Moved By: Alderperson Nguyen
Seconded By: Alderperson Cantelmo
Discussion Summary: Council entering Executive Session to discuss the Real Estate Transactions.
Vote Pass: 9-0
Member All In Favor Oppose Abstain
Cynthia Brock X
George McGonigal X
Phoebe Brown X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Jorge DeFendini X
Tiffany Kumar X
Robert Cantelmo X
Kris Haines-Sharp
2.4a Motion to Exit Executive Session
YouTube Timestamp: 1:03:23
Moved By: Alderperson Gearhart
Seconded By: Alderperson Kumar
Vote Passes 9-0
Member All In Favor Oppose Abstain
Cynthia Brock X
George McGonigal X
Phoebe Brown X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Jorge DeFendini X
Tiffany Kumar X
Robert Cantelmo X
Kris Haines-Sharp
2.4b Authorize Addendum to Agreement for Relocation and Sale of East Hill Fire Station
YouTube Timestamp: 1:03:41
Moved By: Alderperson Cantelmo
Seconded by: Alderperson DeFendini
Discussion Summary: Discussion took place while in Executive Session; council thanked the City, City Staff and
City Attorney Lavine for their work, stating the city is in a much better place as a result to this agreement.
Vote Passed 9-0
Member All In Favor Oppose Abstain
Cynthia Brock X
George McGonigal X
Phoebe Brown X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Jorge DeFendini X
Tiffany Kumar X
Robert Cantelmo X
Kris Haines-Sharp
Resolution Authorize Addendum to Agreement for Relocation and Sale of East Hill Fire Station
WHEREAS, on December 1, 2021, the City of Ithaca Common Council (“Common Council”) authorized the
execution of an option agreement (“Agreement”) with 311 CA Associates, LLC (“Developer”) that, if exercised,
would obligate Developer to convey to the City parcels located at 403 Elmwood Road and 408 Dryden Road
(“Developer Parcels”), to be used for the construction of a new East Hill Fire Station, and to purchase the existing
fire station located at 309 College Avenue, and
WHEREAS, on February 22, 2022, the City and Developer executed the Agreement, and
WHEREAS, on May 26, 2022, the Ithaca Urban Renewal Agency (“IURA”), with the authorization of Common
Council, accepted transfer of the 309 College Avenue site and assignment of the Agreement for the purpose of
furthering the contemplated transaction, and
WHEREAS, on July 28, 2022, the IURA, acting as Lead Agency, determined that the property transfers will result
in no significant adverse impacts on the environment, and
WHEREAS, on July 28, 2022, the IURA approved a Disposition and Development Agreement to facilitate
construction of the new fire station and redevelopment of the 309 College Avenue site, and
WHEREAS, on October 12, 2022, the IURA exercised the option set forth in the Agreement, and
WHEREAS, the Developer failed to meet the deadlines contained in the Agreement for transfer of the Developer
Parcels to the IURA, delaying the City’s commencement of construction on the new fire station, and
WHEREAS, the Common Council desires to proceed with the contemplated transaction, but to amend the terms
thereof to ensure that the transaction remains feasible while providing additional security and compensation to the
City in the event that Developer fails to meet its obligations; now, therefore, be it
RESOLVED, that the IURA, subject to review by the City Attorney, is hereby authorized and requested to execute
an Addendum to the Option Agreement with the Developer in a form substantially similar to that attached hereto,
and be it further
RESOLVED, that the IURA, subject to review by the City Attorney, is further authorized and requested to act on
behalf of the City to negotiate any such further terms and execute all such
further documents, including without limitation an escrow agreement, as may be necessary to consummate the
contemplated transaction in accordance with the City’s interests, and be it further
RESOLVED, that the IURA shall be reimbursed for all reasonable costs incurred in acting on the City’s behalf as
provided in this resolution.
Carried Unanimously 9-0
Item 3. Special Order of Business
3.1 A Local Law Adjusting the Mayor and Council Salaries
YouTube Timestamp: 1:07:22
Move To Lay Local Law on The Table
Moved By: Alderperson DeFendini
Seconded By: Alderperson Kumar
Discussion Summary: Alderperson Cantelmo recused himself from the discussion and vote. Alderperson
Fleming opened discussion by proposing Council Salary to be $14,200 (at the living wage of $18.26/hr.) and
$28,400 for Mayor. After discussion and debate Council Salary was proposed that the annual salary of the Mayor
shall be the sum of $30,000 and that the annual salary of the Council members shall be the sum of $17,091. The
Local Law will be Laid on The Table reflecting the Salaries Proposed.
Council Compensation $17,091
YouTube Timestamp: 1:58:41
Moved By: Alderperson DeFendini
Seconded By: Alderperson Kumar
Vote Pass: 6-2
Member All In Favor Oppose Abstain
Cynthia Brock X
George McGonigal X
Phoebe Brown X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Jorge DeFendini X
Tiffany Kumar X
Robert Cantelmo RECUSED
Kris Haines-Sharp
Mayor Compensation
YouTube Timestamp: 2:00:56
Alderperson McGonigal- Proposes that the Mayor’s Salary be 1 ½ x Council’s Salary [$17,091]
Seconded by: Alderperson Brown
Alderperson Nguyen moved to Amend McGonigal’s proposal to 2x that of Council’s Salary [$17,091]
(timestamp 2:04:56)
Seconded By: Alderperson Brock
Vote Failed: 3-5
Member All In Favor Oppose Abstain
Cynthia Brock X
George McGonigal X
Phoebe Brown X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Jorge DeFendini X
Tiffany Kumar X
Robert Cantelmo RECUSED
Kris Haines-Sharp
Alderperson McGonigal Motion to Amend 1st Proposal from 1 ½ to 1 ¾ x Council’s Salary [$17,091]
(timestamp: 2:06:38)
Alderperson Kumar proposes Salary of $30,000, accepted as Friendly Amendment by Alderperson Brown
Seconded By: Alderperson DeFendini
Vote Pass: 8-0
Member All In Favor Oppose Abstain
Cynthia Brock X
George McGonigal X
Phoebe Brown X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Jorge DeFendini X
Tiffany Kumar X
Robert Cantelmo RECUSED
Kris Haines-Sharp
Item 4. City Manager Local Law and Template Employment Agreement
4a. A local law entitled “Amendment of City Charter and Code to Specify the Duties, Authority, and
Appointment and Removal Procedures of the City Manager.”
YouTube Timestamp: 2:14:07
Discussion Summary: Comments and Recommendations that may have been submitted by Council is not
reflected in what is in the agenda packet before Council. Mayor Lewis advised council to Submit any additional
Comments and Recommendations by email. Alderperson Cantelmo returned to Chambers and is present for
discussion and vote. Amendments made tonight will be voted on and Final Local Law will be Laid On The Table
reflecting any amendments to be voted on at the September 6th Council Meeting. City Attorney Lavine clarified in
regard to Appointment and Take Office, the date of Appointment is the day the Person takes Office.
Council discussed in detail sections of Local Law; suggestions were made to Sections as Follows
Motion to change first sentence in section C-12 A (1); two-thirds to Majority.
YouTube Timestamp: 2:39:20
Moved By: Alderperson Ducson
Seconded By: Alderperson DeFendini
Vote Passed: 6-3
Member All In Favor Oppose Abstain
Cynthia Brock X
George McGonigal X
Phoebe Brown X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Jorge DeFendini X
Tiffany Kumar X
Robert Cantelmo X
Kris Haines-Sharp
Moved to Change last sentence in Section C-12 A (1) Change 2 years to 1 Year, and to
delete the word “be” after the words Mayor shall.
YouTube Timestamp: 2:40:54
Moved By: Alderperson Cantelmo
Seconded By: Alderperson DeFendini
Vote Passed: 9-0
Member All In Favor Oppose Abstain
Cynthia Brock X
George McGonigal X
Phoebe Brown X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Jorge DeFendini X
Tiffany Kumar X
Robert Cantelmo X
Kris Haines-Sharp
Section C-12 A (2)
Alderperson Fleming Proposed to delete the phrase “at its pleasure” from Common Council’s right to terminate
the Employment of a City Manager
YouTube Timestamp: 2:44:16
Moved By: Alderperson Fleming
Seconded By: Alderperson McGonigal
Discussion Summary: City Attorney Lavine weighed in on discussion by going on over the list of causes and
pointing council to page 4 of template employment agreement subsection B. Council discussed the impact of the
removing of the phrase “at its pleasure” Alderperson Fleming Withdrew proposal. Discussion continued around
City Manager 5-year Appointment Term.
Vote Pass: Proposal Withdrawn
Section B Duties and Authorities of The City Manager- (2) b.
YouTube Timestamp: 3:05:55
Motion to add to the sentence Attend all Meetings “ in accordance of the Rules of Procedure that
Common Council from time to time adopt to govern common council meetings”
Moved By: Alderperson DeFendini
Seconded By: Alderperson Brown
Discussion Summary: Proposal Withdrawn After Discussion
Section 2a-2p
YouTube Time Stamp: 3:14:14
Motion to Edit section h
Moved By: Alderperson Brock
Seconded By: Alderperson Fleming
Discussion Summary: Council discussed edits to section 2 a-p. Council discussed in length section e regarding
City Manager’s authority to prescribe and fix compensation of all officers appointed. Alderperson Brock moved to
add “and to revoke or cancel a permit or license at any time should the permittee or licensee fail to comply with
any of the terms, agreements, covenants and conditions thereof.”
Vote Passed: 9-0
Member All In Favor Oppose Abstain
Cynthia Brock X
George McGonigal X
Phoebe Brown X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Jorge DeFendini X
Tiffany Kumar X
Robert Cantelmo X
Kris Haines-Sharp
Section C- Removal
YouTube Timestamp: 3:31:36
Section C (1) Motion to change two-thirds vote to Majority Vote
Moved By: Alderperson Cantelmo
Seconded By: Alderperson DeFendini
Discussion Summary: Council member asked for clarification on the phrase “must state the reasons for
removal” and how is it consistent with the previous discussion regarding removal without cause. City Attorney
clarified stating the reasons for removal is different that identifying a For Cause basis of removal. No Successful
Motion passed on this discussion.
Vote Failed: 5-4
Member All In Favor Oppose Abstain
Cynthia Brock X
George McGonigal X
Phoebe Brown X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Jorge DeFendini X
Tiffany Kumar X
Robert Cantelmo X
Kris Haines-Sharp
Motion to Amend Alderperson’s Cantelmo’s Simple Majority Vote to Majority Plus One
YouTube Timestamp: 3:34:38
Moved By: Alderperson McGonigal
Seconded By: Alderperson Gearhart
Discussion Summary: Dr. Ian Coyle weighed in on the discussion by pointing out to Council majority plus one or
higher certainly would be a betterment from the side of the city manager.
Vote Failed: 5-4
Member All In Favor Oppose Abstain
Cynthia Brock X
George McGonigal X
Phoebe Brown X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Jorge DeFendini X
Tiffany Kumar X
Robert Cantelmo X
Kris Haines-Sharp
Motion to Extend Meeting by 1 hour (10:55pm)
YouTube Timestamp: 3:55:27
Moved By: Alderperson Kumar
Seconded By: Alderperson Cantelmo
Discussion Summary: Council discussed in length changes in language to section D1, Alderperson Cantelmo will
focus on language edits and submit to council. Changes to section D2 will depend on the rewording of D1.
Vote Pass: 8-1
Member All In Favor Oppose Abstain
Cynthia Brock X
George McGonigal X
Phoebe Brown X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Jorge DeFendini X
Tiffany Kumar X
Robert Cantelmo X
Kris Haines-Sharp
Motion to Strike Section E -Non-Interference in its entirety from this Charter.
YouTube Timestamp: 4:13:25
Moved By: Alderperson Brock
Seconded By: Alderperson Cantelmo
Discussion Summary: Alderperson Brock would like move section E in its entirety to Rules of Procedure; does
not find it appropriate to have it included in the Charter. Alderperson Fleming is not in favor of removing in its
entirety, is in favor of keeping language that clarifies the lines of communications, and in favor for using language
that was shared by Alderperson Nguyen to Council. No motion to amend was made by Alderperson Fleming; No
motion to amend was made by Alderperson Nguyen.
Vote Passed: 8-1
Member All In Favor Oppose Abstain
Cynthia Brock X
George McGonigal X
Phoebe Brown X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Jorge DeFendini X
Tiffany Kumar X
Robert Cantelmo X
Kris Haines-Sharp
4b. Resolution Approving Template Employment Agreement for the City Manager
YouTube Timestamp: 4:31:15
Discussion Summary: Due to time, Mayor Lewis recommends discussing Template at another time. Alderperson
Cantelmo suggested taking discussion to CA then to regular Council Meeting.
Item 5. Update on Search Process for City Manager
YouTube Timestamp: 4:33:27
Discussion Summary: Dr. Ian Coyle provided a brief update on the Recruitment Brochure; it is in its final draft
with job description elements included and will be sharing draft with Council for input and final edits.
6. Meeting Wrap-up
6.1 Meeting Adjourn
YouTube Timestamp: 4:37:42
Moved By: Alderperson Ducson
Seconded By: DeFendini
All In Favor 9-0