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HomeMy WebLinkAboutMN-COW-2023-07-12COMMON COUNCIL COMMITTEE OF THE WHOLE Date: Wednesday July 12th 2023 Location: City Hall, 108 E. Green Street 3rd Floor, Council Chambers Meeting Called to order: 6:00P.M. Meeting Adjourned: 9:25 P.M. YouTube Link: https://www.youtube.com/watch?v=cOx882nWRJg 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 9 1. 2024 Salaries- A. City Manager YouTube Timestamp: 1:11 Discussion Summary: Discussion was led by Dr Ian Coyle, President of Pracademic Partners, LLC; offered a objective analysis on the City Manager Salary and how the salary range is developed; Top End Range carries about $200 Thousand Dollars. Dr Coyle recommends Council to consider the top end range of the $200,000 plus Dollars, looking at the competition. Mayor Lewis thanked Dr Coyle and reiterated some points to consider, that being cost of living, cost of housing and the current market; recognizing that it is a competitive market and recalled Dr Coyle saying there is a number of City Manager searches going on at this time. Alderperson Cantelmo presented a question to the Working Group regarding figures that was talked about in 2018. Discussion continued with questions and comments between Council on the City Manager Salary range; council was given the opportunity to offer their thoughts on the Salary Range. Dr Coyle suggested $175-200 Thousand Dollar range would be appropriate given the commentary from Council. City Attorney Lavine specified that the City Manager will receive the same fringe benefits as the managerial staff of the City. Mayor Lewis suggests Council come to some agreement on the range and resolution be ready for the August Council Packet. Mayor Lewis recognized Council’s concerns and wants to move expeditiously on this process to avoid missing out on the strongest possible candidates. Dr Coyle will share the salary comparisons with Council to review and use in discussion on August 2nd. B. Mayor Salary YouTube Timestamp: 44:54 Discussion Summary: Mayor Lewis advised Alderperson Cantelmo to recuse himself from discussion as it would be appropriate to do so; Alderperson Cantelmo asked City Attorney it is legally necessary to do so, City Attorney Lavine clarified a recusal creates an appearance of conflict, a determination to recuse oneself is one the council member needs to make for themselves; Alderperson Cantelmo does not see a conflict and choose to not recuse himself. Mayor Lewis gave a brief summary reminding Council back in 2018 it was understood by the Working Group, there would be an increase in the City Manager Position and a decrease in the Mayoral Compensation to reflect a significant difference in the role and responsibilities of the City Manager. Mayor Lewis directed Council’s attention to the 2018 Memo that highlights the responsibilities of the Mayor current and under Council Manager Government. Dr. Coyle shared some benchmarks seen on Mayoral Compensation pointing out there is a mix of salaries ranging from under $10,000 to $20,000 and beyond. Dr. Coyle will share his findings with Council. Mayor Lewis pointed out that The Salary History of Elected Officials was shared with Council and noted the current Mayoral Compensation of $61,480 dollars reflects the responsibilities of the Mayor as CEO of the current structure of government; Common Council compensation is $13,141 dollars which has not been increased for a number of years. Mayor Lewis asked for Council’s feedback on the Mayor’s compensation being 1 ½ times Common Council’s compensation. Discussions continued with Council Members suggesting exploring the idea of tying the Mayor’s Salary to Council’s Compensation. City Attorney noted with respect to council salary, all seats on Common Council will enter a new elected term come January 1 and a referendum is not required to reduce and elected officer’s salary. City Attorney Lavine directed Council’s attention to Municipal Home Rule Law Section 23 for the particulars; 23 sub 2 E and 2 J C. Common Council YouTube Timestamp: 1:18:24 Discussion Summary: Mayor Lewis stated Common Council Compensation as $13,141 dollars and any changes in salaries would be going forward and implemented in 2024. Mayor Lewis talked about establishing a procedure whereby Council compensation would be adjusted annually. Discussion continued with comments and suggestions and points from Council regarding hourly wages and the number of hours worked. D. Legislative Next Steps YouTube Timestamp: 1:45:12 Discussion Summary: Discussion lead by City Attorney Lavine. Mayor Lewis asked Dr. Coyle to stay through Agenda Items 2 and 3. City Attorney highlighted some points around the Salary conversation and pointed out that the City Manager salary can be established by Resolution, Mayor and Council salaries are set by Local Law and not by Resolution or Ordinance. Council was asked to discuss Council and Mayor salaries and come to a conclusion at the August 2nd Common Council meeting. City Attorney Lavine reviewed the legal process for getting a local law filed and passed in a timely manner suggesting September or October would be sufficient; Commented on Council’s discussion regarding following a “Rule of Thumb” for future increases is perfectly fine from a legal perspective; Clarification was made on Referendum and Municipal Home Rule Law Section 23 and 24. 2a: 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: 1:53:54 Discussion Summary: Discussion was led by City Attorney Lavine. Mayor Lewis apologized for attachments being sent out on short notice. Dr. Coyle was asked for his thoughts or experience on the Super Majority requirement being applied to removal of City Manager. Discussions continued with questions and comments and concerns from Council. Council requested more time to review the material in the packet. Mayor Lewis apologized for not sending out documentation sooner for Council to review. Vote tabled until August 2nd to be Laid on the Table with Amendments for final Vote in September. 2b. Template Employment Agreement/Contract Discussion YouTube Timestamp: 2:58:13 Discussion Summary: No Active Discussion. Mayor Lewis suggested to Council to take the time to review the template, and be prepared to discuss, comment, and vote on at the August 2nd Meeting. 3. Update on Search Process for City Manager A. Resolution- Discussion of Search Team Composition i. An Executive Committee of 4 Council Members ii. 4 City Department Heads iii. The Mayor YouTube Timestamp: 3:00:54 Moved By: Alderperson Nguyen Seconded By: Alderperson Flemming Discussion Summary: Motion to move Resolution to Council in its form with the addition of “The Mayor” to the Search Team. Dr Coyle commented on completing the Formal Recruitment Brochure. Mayor Lewis reviewed the makeup of the Executive Search Team. Mayor Lewis informed Council that the Mayor is also part of the Search Team, this was added to the Agenda but left out of the resolution in error. Discussion included talk about adding the Acting Chief of Police to the Search Team. The point was made that the Deputy City Manager for Public Safety will most definitely include representation from IPD. A motion to move Resolution to Council “as-is” with the addition of “The Mayor” being added to the Search Team. Vote Passed 9-0 Member Approve Deny Abstain Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar Robert Cantelmo X Kris Haines-Sharp X 3.A - Resolu�on for the City Manager Search Team composi�on WHEREAS, a search will be conducted for the first Ithaca City Manager over the next three months with the selected candidate start date of January 1, 2024, and WHEREAS, Common Council has retained Dr. Ian Coyle to oversee the recruitment and ini�al screening of qualified applicants, and WHEREAS, finalists will meet with the full Council, which has the final hiring authority, and key stakeholders, now, therefore be it RESOLVED, That Common Council appoints a four-member Execu�ve Search Team comprised of the two commitee chairs (Alderpersons Gearhart and Cantelmo), the WDAC liaison (Alderperson Brown), and Alderperson Fleming based on research she conducted previously, and it is further RESOLVED, that the Execu�ve Search Team will provide updates to the full Council in execu�ve session, and it is further RESOLVED, that The Mayor and four city department heads will serve on the Search Team, including Rob Covert (IFD), Schelley Michell-Nunn (HR Director and search commitee chair), Lisa Nicholas (Planning and Development), and Mike Thorne (DPW). 4. A Local Law entitled “Clarification of Capital Program Committee “Leadership.” YouTube Timestamp: 3:16:33 Moved By: Alderperson Cantelmo Seconded By: Alderperson Gearhart Discussion Summary: Motion to Refer to Council. Superintendent Steve Thayer present for discussion. Mayor Lewis directed Council’s attention to the September 24th, 2021, Email that includes the Mayor’s Primary duties under the current code and Charter and how it will change under the new system and noted the Chair Capital Budget Committee is identified as the responsibility of the City Manager. City Attorney and Superintendent Thayer was asked to respond to the Local Law. City Attorney emphasized there is zero room for debate in the legislation that was passed about who is responsible for proposing a Capital Budget to Common Council each year, that being the City Manager. Superintendent Thayer reviewed the Budget Process and how it is structured to work beginning 2023 with a Council Manager Form of Government. A motion to refer to council was made. Local Law will be Laid on The Table prior to August 2nd. Vote Passed 9-0 Member Approve Deny Abstain Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar Robert Cantelmo X Kris Haines-Sharp X 5. Review Discussion of Board of Public Works YouTube Timestamp: 3:23:33 Discussion Summary: BPW discussion has been removed from Agenda. Council acknowledged the great lose of two community members, Abe Lee and Khalil Bay Abdullah and offered their condolences to the families. Motion to Adjourn. YouTube Time Stamp: 3:25:09 Moved By: Alderperson DeFendini Seconded By: Alderperson Cantelmo All in Favor- Carried Unanimously 4 - A Local Law entitled “Clarification of Capital Program Committee Leadership” WHEREAS, effective January 1, 2024, Local Law No. 7 of 2022 will take effect, ushering in a Council-Manager form of government for the City; and WHEREAS, Local Law No. 7 of 2022 requires one administrative clarification; now, therefore Local Law No. 2023 - BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative findings, intent, and purpose. The Common Council makes the following findings: 1. Local Law No. 7 of 2022 was unequivocal in designating the City Manager as the City official who, with the assistance of the City Controller, proposes a capital budget to the Common Council each year. 2. The legislative intent behind Local Law No. 7 of 2022 was clear in designating the City Manager as the Chairperson of the Capital Program Committee. 3. Said legislative intent is explicitly reflected in a memo to the Common Council from the City Governance Structure Working Group, included as the leading item in the September 29, 2021 agenda packet for a Special Meeting of Council to discuss the City Manager Form of Government Proposal, and included again in the November 3, 2021 Common Council agenda at which the local law was in fact adopted. The memo was entitled “Executive Summary and FAQ for City Manager Proposal”. 4. Said legislative intent is further reflected in the seven provisions included Local Law No. 7 of 2022 that did in fact place the City Manager in charge of the capital budget process and specifically named the City Manager as the chairperson of the Capital Program Committee. 5. Despite this clarity, one sub-section of the pre-existing Code was inadvertently omitted from the numerous authorities of the Mayor that were deleted from the Code—effective January 1, 2024—by Local Law No. 7 of 2022. 6. The capital budget development process will operate most effectively with the City Manager chairing the committee whose work in turn informs the capital budget that the City Manager is tasked with proposing to the Common Council. Based upon the above findings, the intent and purpose of this Local Law is to clarify one sub-section of the City Code, effective January 1, 2024. Section 2. Amendment to the City Code - Effective January 1, 2024, this Section 2 hereby deletes sub-section 4-1(T) of the current City of Ithaca Municipal Code, as previously redesignated to be sub-section 4-1(H) of said Code by Section 3(a) of Local Law No. 7 of 2022, containing an effective date of January 1, 2024, with the remainder of the provisions of that Local Law remaining unchanged and effective per their terms, except that this Section 2 shall be effectuated so as to relabel subsections 4-1(I) and (J) as designated in Local Law No. 7 of 2022 to instead be labeled 4-1(H) and (I), respectively. Section 4. Severability clause. Severability is intended throughout and within the provisions of this Local Law. If any section, subsection, sentence, clause, phrase, or portion of this Local Law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Local Law. Section 5. Effective date. This Local Law shall take effect on January 1, 2024, and after filing in the office of the Secretary of State. Motion to Refer to Council Carried Unanimously