City Council - Rules & Government Relations Committee

CITY OF EASTHAMPTON OFFICE OF THE CITY COUNCIL Easthampton Municipal Building 50 Payson Ave., Ste. 100 Easthampton, Massachusetts 01027-2260 Telephone #: (413) 529-1400, ext. 460 Fax #: (413) 529-1417 MINUTES RULES AND GOVERNMENT RELATIONS Meeting 01/11/23 Attendees: R&GR Members: Councilor Dan Rist, Chair Councilor Koni Denham, Clerk President Homar Gomez Remote Attendance: Councilor James Kwiecinski, Other Attendees: Councilor Owen Zaret, Laura Fisher, Ely Bloch, Sean Abbot, Ted Martini, Marie Harrison, Jesse Harrison, Eva Hogue, Bex Zumbruski Meeting Called to Order at 6:15 pm. The meeting was video recorded Minutes approved Kwiecinski moved, Denham 2nd. Vote unanimous (3-0) 1. New Business A. Bees a. Presentation – Councilor Zaret discussed resolution to support pollinator initiatives and native plants. A national initiative. Reduce pesticide use. Resident education around native plants and native plant policy. Look at options of what the city can do. Goal to establish city policies. A first step would be to develop a committee needs to be formed to present the resolution. Resolution to become a Xerces city. Suggested ad hoc committee. Recommendation to form a committee with a recommendation of 7 members, which includes two councilors. Must be sponsored by a city department. After committee formed can complete resolutions. All submitted to Xerces society. The committee then submits to City Council. After discussions with Planning office, they recommended a formal committee on ecological sustainability. Connects with work of planning department. Follows a process of approval. b. Ely Bloch – Conservation Commission supports the proposal. The Planning Department supports the proposal and formation of the ad hoc committee. Supports city efforts to support ecological efforts to mitigate climate change and vulnerabilities. Expanding education around native landscaping. Connects with  work of Conway School. Pollinator Action Plan to help identify suitable pollinator environments. Planning Department to launch carbon action plan. All of these coincide to combat climate change plan to reduce carbon footprint. Will offer technical support to combat climate change. Will collaborate with other city departments. c. Laura Fischer – Supports the city’s efforts to look at this issue broadly. The ad hoc committee is important to steward ecological society. This is more than just bees. Our neighbors in Franklin County pulled together a study across five towns. Use processes that others have already implemented. Think more broadly to support regional pollinator corridor. Regional organizations are supportive. d. Sean Abbott – We are in a biodiversity crisis. Massive loss of habitat of animals, insects, and plant life. Native replanting efforts. Advocates for becoming a bee city. Bee city program is good guide to follow. e. Marie Harrison – Local farmers and supports project. f. Bex Zumbruski – Participated in education program. Utilizes property to support pollinators. Looks forward to supporting the program. g. Chair Rist – Supports city department that supports this project. An ad hoc committee is good but it’s not council-based committee. If we have an ordinance, you get your committee, reports to City Council, it is permanent. Look at an ordinance that establishes the committee immediately. This is the way to go. Ordinance gives you the committee you want. h. Council Kwiecinski – Commends the group for bringing this forward. Education is an important process. In moving forward, considering Council Rist. He doesn’t want to lose time to move forward on the issue. The ad hoc process can move quickly. The parks department would also be important. Doesn’t want to see it delayed. Are we leaving the Mayor’s office out of this to get additional buy in. i. Councilor Rist – A process can move quickly. Can be passed of quickly with the Council. Let’s get it permanent. Can come back to the council immediately. Don’t need to send it to ordinance committee to create a committee. j. Councilor Denham – If we can move quickly that would be best. It is important to think broadly and not in silos. Think strategically and not in piecemeal. Important to think regionally. k. Chair Rist – Ordinance in its direction could be broad and not limited in focus. l. President Gomez – Concurs with Chair Rist. Supports to the work of creating a committee. Councilor Rist and Zaret should create it quickly. Create a permanent committee. m. Councilor Kwiecinski – Can go either way. Wants it well thought out. Would it to make sure it is strategically throughout. This feels very quick. Move forward quickly but make sure it is strategic. n. Councilor Zaret – Appreciates input of colleagues. Wanted to be expeditious. Doesn’t think language is too complicated. The scope could include all of the items. Get moving as spring comes along with lots of projects and programs. o. Chair Rist – Wants to avoid having two committee. There are similar models that work well. A process for appointment exists. It’s law because it is an ordinance. Can use CPA as a guide. Wants to know the scope. Ordinances can be amended. p. Chair Rist - Moved to develop and ordinance that explores the establishment of ecological sustainability committee. Charge Chair Rist and Councilor Zaret to work on ordinance. Councilor Denham – 2nd the motion. q. Councilor Kwiecinski – Not opposed to the motion. Wants to make sure we cover everything in the process in consideration of the scope.  r. Voted 3-0 to approve motion. s. Councilor Zaret – Procedural question – Confirm this will come back to this committee. The City Council can make appointments to the committee. B. Charter Changes a. Chair Rist – Overview how and why need for charter changes – Changes due to Mayoral term for two years to four-year term. Need to make compensation incremental forms more permanent in the charter. Make permanent based on recommendation of the city attorney. Sought guidance of City Attorney around if Mayor leaves: does the Council President have to step down when they ascend to Mayorship? Attorney said no. Referred to Northampton charter as a reference. Section (b) is important because Council President doesn’t have to resign their council position. Council President would only vote in case of a tie. Changed it from 90 days to 120 to give City Clerk time to arrange special election. Article 7 includes rank choice voting and is taken into consideration. The Council President can run for election in the special election and lose and they will still retain their council position. b. Councilor Denham – Why not wait until the next city election? c. Councilor Rist – According to the Charter that isn’t possible. That’s two long. The only option is to appoint the President as Mayor for the next two years. The people didn’t elect them and that doesn’t seem fair. d. Councilor Denham – To clarify, the next city election. Why not wait? Elections are expensive and a huge cost to the city. e. Councilor Rist – Northampton Charter suggests Council President has to resign if they are interim Mayor for 7 months. Charter has to have language is there is a vacancy in the first year term of the Mayor. In the Northampton Charter, the Council President will have to resign in the first seven months. It says that if you are going to be Mayor for seven months, you should resign from the council. Whatever the language, it has to go to the Mayor and the Attorney. We should do this before the next Mayor’s election, so we have to establish something. f. Councilor Denham – Doesn’t want excessive cost to city. What is a reasonable amount of time? g. Chair Rist – Fortunately we have a bi-annual election. How many months is key. If the Council President says, I really don’t want to be Mayor, the Council would designate someone else. h. Councilor Denham - If the vacancy occurs in the same year as the election, why not just wait until the election instead of having a special election. i. Chair Rist and Councilor Kwiecinski – Someone else on council would have to ascend to Mayor based on how the Charter is currently written. j. Chair Rist – The Council President would not be forced to resign and become the Mayor. k. Councilor Kwiecinski – If you are trying to avoid an election for Mayor, we may be forcing an election for a council member if it is more than seven months. l. Chair Rist – We are taking advantage of the fact that council terms are only two year terms. m. Councilor Kwiecinski – Would we revert to Council appointing a council member? n. Councilor Denham - If it is the Council President, he has already been elected by residents and elected to their post by their peers.  o. Chair Rist – If the Council President was elected by their peers that enough for me. p. Council Denham – We have already said that we have faith in this person to lead if there is an emergency. q. Chair Rist – The argument against nine months is the Mayor’s position is extremely stressful and difficult. They may not want to assume the role r. Councilor Kwiecinski – It also may depend on whether or not the person has other responsibilities to fill. s. Chair Rist – They might already have a full time job and don’t want to take on the responsibilities of the Mayor. t. President Gomez – The language is already clear that the Council President can say no. u. Chair Rist – The Charter says that you can’t have another job if you are Mayor. v. Councilor Kwiecinski – Except the language in the document says that it is waived at least for the 120 days period. w. Chair Rist – For the seven month period, it would be there. Maybe we do need 90 days and the person completes required tasks like signing purchase orders, etc. x. Councilor Denham – I’m just concerned about the cost? They are expensive. y. Chair Rist and Councilor Kwiecinski – Cost is somewhere between $8,000 and $10,000 to run a special election. z. Councilor Kwiecinski – Incapacity – what then happens technically and legally? Mental health concerns should we consider. We don’t have anything in our charter. If they are ill and not able to make decisions, what happens. Worthy of consideration aa. Chair Rist – We can put in “incapacity” and it would have to be developed with guidance from Medical law or state law. Have to be informed that incapacity exists. Doesn’t feel comfortable defining ‘incapacity’ into the Charter. 7:18 pm - Motion to adjourn – Councilor Denham, Councilor Kwiecinski – 2nd. Vote unanimous (3-0) Next meeting January 26, 5:30 pm