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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