HomeMy WebLinkAboutMN-CC-2019-08-07COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. August 7, 2019
PRESENT:
Mayor Myrick
Alderpersons (10) Brock, McGonigal, Murtagh, Nguyen, Gearhart, Fleming,
Smith, Kerslick, Lewis, Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Lavine
City Controller – Thayer
Director of Planning and Development - Cornish
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
There were no additions to or deletions from the agenda.
PROCLAMATIONS/AWARDS:
Quarterly Employee Recognition Award:
Mayor Myrick presented the Quarterly Employee Recognition Award to Code Inspector
James Yarbrough. Mr. Yarbrough was recognized by a co-worker for his continual
professionalism and positive attitude, and for taking initiative and consistently putting
extra effort in to accomplishing tasks and projects in a quality manner.
SPECIAL PRESENTATIONS BEFORE COUNCIL:
Reports of Municipal Officials:
Tompkins County Legislature
Legislator Anna Kelles reported on the following:
There will be two special presentations on the recently adopted New York State
laws that pertain to Renter protections on August 12, 2019 at 5:30 pm in in the
Tompkins County Legislative Chambers. The presentations will include
information on the updated laws regarding renter protections and landlord
responsibilities, and the expansion of rent stabilization that allows municipalities
to opt in if they have a 5% housing vacancy rate or less. The City’s percentage
of rental housing is approximately 70%.
The Tompkins County Legislature did not approve the request to study the
potential co-location of the Tompkins County Sheriff’s Office with the Ithaca
Police Department, citing concerns about reduced response times to the Towns
and Villages of Lansing and Dryden which constitute 65% of their calls.
Approximately 15% of their calls are attributed to supporting the City of Ithaca.
The Sheriff’s Office receives 34% of its taxpayer funding from the Lansing and
Dryden areas and 20% of its funding from the City of Ithaca.
The Alcohol and Drug Council of Tompkins County was awarded a $7 million
grant for a detoxication facility that will be located in Lansing.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Joel Harlan, City of Ithaca, addressed Council regarding various topics concerning
economic development.
Kate Salmon, City of Ithaca, spoke about institutional racism and the recent Ferguson
and DeGroat cases.
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Fay Gougakis, City of Ithaca, voiced concerns about Lime bikes and suggested the
creation of a database to document the locations where bicycles are being left.
Elan Shapiro, Town of Ithaca, member of SURJ, addressed concerns regarding how the
Ferguson and DeGroat cases were being handled. He noted that the City should
extend a clear apology.
Alejandra Colon, City of Ithaca, Transformative Movement Builders Youth Group,
addressed issues related to sub-standard housing conditions in the City of Ithaca and
Tompkins County.
John Barradas, City of Ithaca, spoke about the purpose of zoning regulations, design
guidelines, and infill housing.
Pastor Michael-Vincent Crea, City of Ithaca, addressed issues of fair housing,
reasonable accommodations under ADA law, and Section 8 housing.
Gossa Tsegaye, City of Ithaca, voiced concern regarding traffic speeds in the West End
and questioned what traffic calming measures could be implemented.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Mayor Myrick responded to comments made regarding the West End traffic speeds and
recommended that Mr. Tsegaye also reach out to the Board of Public Works to discuss
potential traffic calming options. He also thanked the Formative Movement Builders for
the work they are doing related to sub-standard housing and encouraged Ms. Colon to
set up a meeting with him to discuss these issues further.
Mayor Myrick further responded to comments made regarding the Ferguson and
DeGroat case. He reported that the internal police investigation has been completed
and the results of the investigation found that there were no punishable actions
attributed to the police officers involved in the incident. He talked about the high
standards set for the Ithaca Police Department and the challenges of recognizing when
officers don’t meet those standards. He stressed the importance of letting the officers
know when they have done something wrong and when the established rules for the
department have not been followed. He acknowledged that it is impossible to know
what was going on in the minds of the police officers at the time of the incident and
noted that it is unlikely that implicit bias did not play a role in this situation as we live in a
racist country. He stated that making amends with Mr. Ferguson and Ms. DeGroat
needs to be settled between them, or their attorneys, and the City. It is not an issue
subject to Common Council action. He said the City could commit to work
collaboratively with the community on making changes to State law and union
regulations that protect police officers when something goes wrong, along with the
development of a civilian accountability system when incidents like this happen to
ensure that thorough investigations are conducted. He further stated that the City would
keep approaching this issue from all angles and referenced the 7 Point Plan of Reform
for police actions. He noted that he wants IPD to be the most accountable and highest
performing police department in the country and that can’t be done without earning the
trust of the community.
The Mayor stated that he believes there were things that Mr. Ferguson did right in terms
of intervening with harassment and assault. He also stressed that it is very important to
send a strong public message that it is never okay to assault a police officer. He
acknowledged that in this case, Ms. DeGroat may not have known they were the police.
Mayor Myrick stated that he would be willing to offer a public apology to them. He
paraphrased James Baldwin in saying “not everything faced can be fixed but without
facing our problems, nothing can be fixed”. He stated that he wasn’t sure that this
situation could be fixed but if we face it honestly and all speak our truths, he is hopeful
that we can get to true justice.
Mayor Myrick further responded to comments made regarding Lime Bikes, noting that
they have proven extraordinary useful and the usage numbers have been beyond what
the city ever expected creating a renaissance in micro-mobility.
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Alderperson McGonigal voiced his appreciation for the Mayor’s words regarding the
incident on the Commons involving these two young people. He stated that clearly
mistakes were made. He recalled a story of about one of the police officers involved in
this incident whereby he took it upon himself to purchase and install two basketball nets
for the youth of West Village. He noted that mistakes can be made and can be
magnified but that doesn’t make them bad officers.
He further thanked Ms. Colon for her work on housing conditions, noting that it is a big
problem. He further encouraged Pastor Crea to reach out to him to discuss his housing
issues.
Alderperson Brock thanked Ms. Colon for her work on the housing needs for the
vulnerable. She addressed comments made regarding the Department of Social
Services and Section 8 housing inspections and spoke about certificates of occupancy.
She advocated for more education on tenant’s rights, noting that there are a lot of needs
and people are being exploited because they don’t understand their rights.
She also encouraged Pastor Crea to reach out to her and Alderperson McGonigal as
she would like to learn more about his situation.
Alderperson Fleming welcomed Mr. Harlan back to the Common Council meeting.
CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Youth Bureau - Amendment to 2019 Roster - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Lewis
WHEREAS, the Youth Bureau recommends a modification to its roster that will allow
meeting community needs within its approved budget while best utilizing staff strengths;
and
WHEREAS, the Youth Bureau has worked closely with the Human Resources
Department to develop these proposed modifications; now, therefore be it
RESOLVED, That the Personnel Roster of the Youth Bureau be amended effective July
1, 2019 as follows:
Decrease: One (1) Recreation Program Coordinator from 40 hours to
35 hours
Increase: One (1) Recreation Program Specialist from 35 hours to 40
hours
Unfund: One (1) Cass Park Facilities Maintenance Worker (35 hours)
Carried Unanimously
8.2 A Resolution Authorizing Implementation and Funding in the First Instance
100% of the Federal Aid-Eligible Costs and State “Marchiselli” Program-Aid
Eligible Costs, of a Transportation Federal-Aid Project, and Appropriating Funds
Therefore
By Alderperson Mohlenhoff: Seconded by Alderperson Lewis
WHEREAS, a Project for the State Street Retaining Wall, P.I.N. 375616 (the “Project”)
is eligible for funding under Title 23 U.S. Code, as amended, that calls for the
apportionment of the costs of such program to be borne at the ratio of 80% Federal
funds and 20% non-federal funds; and
WHEREAS, on September 7, 2016 and September 5, 2018, Common Council
authorized the Design and Right-of-Way phases of the project and appropriated the
sum of $816,400 for Capital Project #833 East State Street Retaining Wall to be made
available for funding in the first instance of the federal aid portion and permanent
funding of the local share of the Project; and
August 7, 2019
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WHEREAS, in the 2019 City Budget, Common Council authorized funding for the
Construction and Construction Inspection phases for the sum of $3,735,600 to be made
available for funding in the first instance of the federal aid portion and permanent
funding of the local share of the Project; and
WHEREAS, the City of Ithaca desires to advance the Project by making a commitment
of 100% of the non-federal share of the costs of Preliminary Engineering/Design, Right-
of-Way Incidentals, Right-of-Way Acquisition, Detailed Design, Construction and
Construction Inspection; and
WHEREAS, on July 17, 2018, the Board of Public Works acting as Lead Agency
declared that the Project would have no significant negative environmental impacts in
accordance with SEQR and CEQR; now, therefore be it
RESOLVED, That the Common Council hereby approves the above-subject project;
and, be it hereby further
RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in
the first instance 100% of the federal and non-federal share of the cost of Preliminary
Engineering/Design, Right-of-Way Incidentals, Right-of-Way Acquisition, Detailed
Design, Construction and Construction Inspection work for the Project or portions
thereof; and, be it further
RESOLVED, That the sum of $4,552,000 ($816,400 authorized by Common Council on
September 9, 2017 plus the $3,735,600 as authorized by Common Council in the 2019
approved City Budget) is made available to cover the cost of participation in the above
phases of the Project; and, be it further
RESOLVED, That in the event the full federal and non-federal share costs of the project
exceeds the amount appropriated above, the Common Council of the City of Ithaca
shall convene as soon as possible to appropriate said excess amount immediately upon
the notification by the NYSDOT thereof; and, be it further
RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to
execute all necessary Agreements, 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 New York State Department of
Transportation in connection with the advancement or approval of the Project and
providing for the administration of the Project 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; and, be it further
RESOLVED, That this project be undertaken with the understanding that the final cost
of the Project to the City of Ithaca will likely be roughly 10% of said portion, currently
estimated at $450,000 of the $4,552,000 authorized for this portion of the project, in
monies and in-kind services as managed by the Superintendent of Public Works and
monitored by the City Controller; and, be it further
RESOLVED, That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in
connection with the Project; and, be it further
RESOLVED, This resolution shall take effect immediately.
Carried Unanimously
8.3 A Resolution Authorizing Implementation and Funding in the First Instance
100% of the Federal Aid-Eligible Costs and Program-Aid Eligible Costs, of a
Transportation Federal-Aid Project, and Appropriating Funds Therefore
By Alderperson Mohlenhoff: Seconded by Alderperson Lewis
WHEREAS, a Project for the Hector Street Complete Street, P.I.N. 395063 (the
“Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the
August 7, 2019
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apportionment of the costs of such program to be borne at the ratio of 80% Federal
funds and 20% non-federal funds; and
WHEREAS, the City of Ithaca desires to advance the Project by making a commitment
of 100% of the non-federal share of the costs of Advanced Engineering/Design,
Construction and Construction Inspection; and
WHEREAS, on July 5, 2017, Common Council authorized Sidewalk Improvement
District #5 Capital Project #846 in the amount of $331,800 for the project, with the
understanding that the City share would be $66,360; and
WHEREAS, in July 2017, the Mayor signed a Master Agreement with New York State
Department of Transportation (NYSDOT) for preliminary engineering/design in the
amount of $331,000; and
WHEREAS, the Board of Public Works, acting as the lead agency, declared on May 8,
2017, that the project would not have a significant negative environmental impact in
accordance with the City Environmental Quality Review Ordinance and the New York
State Environmental Quality Review Act; and
WHEREAS, in the 2019 City budget Common Council authorized funding for
construction in the amount of $2,104,000 to make available in the first instance of the
federal portion and permanent funding of the local share of the budget, for a total project
authorization of $2,435,800; and
WHEREAS, NYSDOT will be providing a Supplemental Agreement for Construction and
Construction Inspection that includes funding for both the original amount of $1,420,000
(as approved by the Ithaca-Tompkins County Transportation Council on June 27, 2017)
and an additional $750,000 of local share (total project cost estimate of $2,500,000);
now, therefore be it
RESOLVED, That the Common Council hereby approves the above-subject project;
and, be it further
RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in
the first instance 100% of the federal and non-federal share of the cost of Advanced
Engineering/Design, Construction and Construction Inspection work for the Project or
portions thereof; and, be it further
RESOLVED, That Common Council hereby amends Capital Project #846, Hector Street
Complete Street, by an amount not to exceed $64,200, for a total project authorization
of $2,500,000; and, be it further
RESOLVED, That the additional $750,000 local share costs be paid from the following
sources:
$350,000 approved via 2019 General Fund Capital Project
program,
$76,000 approved via 2019 SID #5 capital project cost,
$55,000 of TAP unused ROW funds reallocated towards
construction,
$40,000 approved via 2017 SID #5 that was deferred for Hector,
$20,000 approved via Town of Ithaca for their share of Town
construction,
$209,000 from 2020 CHIPS reimbursement;
; and, be it further
RESOLVED, That the total project authorization of $2,500,000 be funded by the
issuance of serial bonds with later payment from the applicable Federal and State Aid
portion; and, be it further
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RESOLVED, That in the event the full federal and non-federal share costs of the project
exceeds the amount appropriated above, the Common Council of the City of Ithaca
shall convene as soon as possible to appropriate said excess amount immediately upon
the notification by the NYSDOT thereof; and, be it further
RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to
execute all necessary Agreements, certifications or reimbursement requests for Federal
Aid on behalf of the City of Ithaca with the New York State Department of
Transportation in connection with the advancement or approval of the Project and
providing for the administration of the Project 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; and, be it further
RESOLVED, That this project be undertaken with the understanding that the final cost
of the Project to the City of Ithaca General Funds will be roughly 14% of said portion,
currently estimated at $350,000 of the $2,500,000 authorized for this portion of the
project, in monies and in-kind services as managed by the Superintendent of Public
Works and monitored by the City Controller; and, be it further
RESOLVED, That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in
connection with the Project; and, be it further
RESOLVED, This resolution shall take effect immediately.
Carried Unanimously
8.4 Request to Amend Budget for the Cayuga Lake Blueway Trail and to
Authorize the Mayor to Enter into an Agreement with Tompkins County for
Reimbursement - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Lewis
WHEREAS, on July 1, 2015, Common Council unanimously passed a resolution of
support for a Consolidated Funding Application for the Cayuga Lake Blueway Trail
sponsored by Tompkins County and included $20,000 in funding for the project; and
WHEREAS, Tompkins County was successful in receiving state funding for the project;
and
WHEREAS, Tompkins County and the City have worked out a scope of work, including
roles and responsibilities; and
WHEREAS, one of the components is to install two new paddling ramps and docks (one
in Stewart Park and one in Cass Park), both of which will require funding in the first
instance that will be eligible for reimbursement; and
WHEREAS, the total cost for the ramps and docks has been estimated at $50,000; and
WHEREAS, the roles and responsibilities have been further described in a proposed
Memorandum of Understanding between the City and the County; now, therefore be it
RESOLVED, That Common Council hereby amends the 2019 authorized Engineering
budget as follows by an amount not to exceed $30,000 in order to fund a paddling ramp
and dock in Stewart Park and Cass Park:
Increase Revenue Account
A1440-3989 State Aid Other Home and Community $30,000
Increase Expense Account
A1440-5435 Contracts $30,000
; and, be it further
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RESOLVED, That the remaining funding necessary for said project shall be derived
from $20,000 in funds previously encumbered for said project; and, be it further
RESOLVED, All expenses made for said project are done with the understanding that
all expenses will be eligible for reimbursement from Tompkins County, as project
sponsor; and, be it further
RESOLVED, That Common Council hereby authorizes the Superintendent of Public
Works to enter into a Memorandum of Understanding for implementation of the Cayuga
Lake Blueway Trail, upon the advice of the City Attorney and City Controller.
Carried Unanimously
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 Resolution to Select Artwork for City Mural Program
By Alderperson Murtagh: Seconded by Alderperson Smith
WHEREAS, in 2010, the City created a mural and street art program to beautify blank
walls within the city, while providing local artists from all sections of the community an
opportunity to showcase their work; and
WHEREAS, the Board of Public Works approved Columbia Street Pedestrian Bridge for
future murals and street art, throughout the city, by resolution on May 11, 2015; and
WHEREAS, Lynn Golan has submitted a proposal to paint a mural on a pier of the
Columbia Street Pedestrian Bridge; and
WHEREAS, the Community Life Commission formed a mural subcommittee to assess
mural proposals, hold public comment and recommend proposals for consideration; and
WHEREAS, the Mural Subcommittee held a public comment period on the mural
designs and locations at its meeting on June 13, 2019 to gather input on the proposed
murals, and the responses to the proposals have been mixed; and
WHEREAS, the installation of the murals will be funded by the artists and will be
budget-neutral to the City; and
WHEREAS, at its meeting on June 17, 2019, the Community Life Commission voted to
recommend that Common Council approve the mural project at their proposed locations
on condition to consider the needed treatment of the surface and liability of painting on
the site; now, therefore be it
RESOLVED, That the City of Ithaca Common Council selects the proposals by Lynn
Golan as recommended by the Community Life Commission, for installation on a pier of
the Columbia St Pedestrian Bridge; and, be it further
RESOLVED, That the selected artist may proceed with the installation of their murals
upon the execution of an agreement with the City as reviewed by the City Attorney.
Discussion followed on the floor regarding the column and how the angles make it look
like it extends beyond the column, but it doesn’t. (Lewis)
Mohlenhoff – thanked staff for coming up with new process through the Community Life
Commission.
A vote on the Resolution resulted as follows:
Carried Unanimously
CITY ADMINISTRATION COMMITTEE:
10.1 City Controller’s Report
City Controller Thayer reported on the following:
2020 Budget – all departments have submitted their budgets. The pension and
health insurance figures should be available in the next few weeks.
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The 2019 Final Assessment Roll is out but still subject to change based on
property appeals. The assessment is up 2.03% from 2018. If the same tax rate
($11.60 per thousand) is used, there would be an increase of $478,000 in tax
revenues.
o 53.2% is commercial related
o 41.3 % is residential related
o 55.71% tax exempt property - 79% of that figure is related to Cornell
University
o These figures factor in to the Fire Service Contract with the Town of
Ithaca. The Town will be paying 31.96% of fire service expenses. The
Fire Service Contract expires at the end of 2019
o 1% tax rate increase = $241,000 of additional tax revenue
The NYS Property Tax Cap starts at 2% or the CPI, whatever is less. The City’s tax cap
rate for 2020 will start at 3.43%. The tax base growth factor is at 1.69%. A request to
override the tax cap will be requested again this year.
There was a Bond sale in late July. The City received a 2.77% interest rate on long
term notes and a 1.63% interest rate on short term notes.
Sales tax – collections are 2% ahead of 2018 collections
Overtime – figures are higher than budgeted
Building permits – revenue is at budget
Parking revenue – revenues are higher than the projected budget
Litigation expenses are higher than expected
The June CPI is 1.6% giving a cumulative CPI to date of 1.7%
Discussion followed on the floor regarding assessed values, mortgage taxes,
equalization changes, and a drastic reduction in railroad assessments.
Alderperson Brock reported on the law enforcement co-location study statistics from
2017 which noted that the City provided 21% of the funding to the Sheriff’s Office and
the Sheriff’s Office responded to 2% of the calls that the City responded to in the city
(approximately 400 calls).
INDIVIDUAL MEMBER – FILED RESOLUTIONS:
13.1 Mayor Myrick – Amendment to Personnel Roster – Public Information and
Technology - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Nguyen
WHEREAS, as part of the 2019 budget, Common Council approved the addition of a
second Network Integration Specialist position in the Department of Public Information
and Technology; and
WHEREAS, the job description and new position duties statement were approved by
the Civil Service Commission on April 3, 2019; now, therefore be it
RESOLVED, That the Personnel Roster of the Department of Public Information and
Technology be amended as follows:
Add: One (1) Network Integration Specialist
; and, be it further
RESOLVED, That this position of Network Integration Specialist shall be designated as
a confidential position pursuant to section 201.7(a) of New York State Civil Service Law
and shall be assigned to the Confidential Employees Compensation Plan at salary
grade 6; 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 Network Integration Specialist position shall be established at eight (8) hours per
day (forty (40) hours per week); and, be it further
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RESOLVED, That funding for this roster amendment shall be derived from within the
existing departmental budget, as approved by Common Council in the adopted 2019
budget.
Carried Unanimously
MAYOR’S APPOINTMENTS:
14.1 Appointments to Community Police Board – Resolution
By Alderperson Lewis: Seconded by Alderperson Kerslick
RESOLVED, That Michael Simons be appointed to the Community Police Board to fill a
vacancy with a term to expire December 31, 2020; and, be it further
RESOLVED, That Shari Korthuis be appointed to the Community Police Board to fill a
vacancy with a term to expire December 31, 2021; and, be it further
RESOLVED, That Daniel S. Feder be appointed to the Community Police Board to fill a
vacancy with a term to expire December 31, 2021.
Carried Unanimously
REPORTS OF COMMON COUNCIL LIAISONS:
Tompkins County Council of Governments
Alderperson Fleming reported that there will be a community meeting Tuesday, August
13, 2019 at 5:30 pm at the Tompkins County Public Library, Borg Warner Room to
discuss outreach efforts needed to obtain a complete census count for Tompkins
County in 2020. The meeting is intended for people who work with communities at risk
of being undercounted. She stressed the importance of everyone working together to
make sure that everyone gets reached.
MINUTES FROM PREVIOUS MEETINGS:
Approval of the June 5, 2019 and July 17, 2019 Common Council Meeting Minutes
– Resolution
By Alderperson Nguyen: Seconded by Alderperson Smith
RESOLVED, That the minutes of the June 5, 2019 Common Council meeting, and the
minutes of the July 17, 2019 Special Common Council meeting be approved as
published.
Carried Unanimously
Approval of the July 3, 2019 Common Council Meeting Minutes – Resolution
Approval of the minutes of the July 3, 2019 Common Council Meeting were deferred to
the September Common Council meeting.
REPORT OF CITY ATTORNEY:
Motion to Enter in to Executive Session
By Alderperson Smith: Seconded by Alderperson Gearhart
RESOLVED, That Common Council enter into Executive Session to discuss pending
litigation.
Carried Unanimously
Reconvene:
Common Council reconvened into Regular Session with no formal action taken.
ADJOURNMENT:
On a motion the meeting adjourned at 8:00 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor