HomeMy WebLinkAboutMN-CC-2001-01-03
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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 January 3, 2001
PRESENT:
Mayor Cohen
Alderpersons (9) Pryor, Sams, Blumenthal, Manos,
Farrell, Vaughan, Spielho1z, Taylor, Hershey
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney - Schwab
Deputy Controller – Thayer
Director of Planning and Development – Van Cort
Deputy Director of Planning and Development – Cornish
Economic Development Director – McDonald
Community Development Director - Bohn
Human Resources Director – Michell-Nunn
Superintendent of Public Works – Gray
Asst. Superintendent of Water & Sewer - Fabbroni
City Chamberlain – Parsons
EXCUSED:
Alderperson Glasstetter
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the
American flag.
APPROVAL OF MINUTES:
Approval of Minutes of October 19, 2000 Special Common Council
Meeting
By Alderperson Pryor: Seconded by Alderperson Spielholz
RESOLVED, that the minutes of the October 19, 2000 Common Council
Meeting be approved as published.
Carried Unanimously
Approval of Minutes of December 6, 2000 Common Council Meeting
By Alderperson Pryor: Seconded by Alderperson Spielholz
RESOLVED, that the minutes of the December 6, 2000 Common Council
Meeting be approved as published.
Carried Unanimously
Approval of Minutes of December 18, 2000 Special Common Council
Meeting
By Alderperson Pryor: Seconded by Alderperson Spielholz
RESOLVED, that the minutes of the December 18, 2000 Common
Council Meeting be approved as published.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
New Business
Mayor Cohen requested the addition of Item 21.1 – Election of
Acting Mayor and Alternate Acting Mayor – Resolution, Item 21.2 –
Motion to Enter into Executive Session to Discuss a Matter of
Public Safety, Item 21.3 Appointment of Marriage Officers –
Resolution.
No Council member objected.
SPECIAL ORDER OF BUSINESS:
January 3, 2001
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5.1 Adoption of the 1994 Southwest Area Land Use Plan and the
1998 Addendum to the Plan
By Alderperson Blumenthal: Seconded by Alderperson Hershey
WHEREAS, the City of Ithaca is proposing the adoption of the
Southwest Area Land Use Plan, (formerly the “Southwest Area Land
Use Study”), City of Ithaca, 1994 including the 1998 Addendum,
prepared by the Southwest Area Land Use Committee, and
WHEREAS, in the 1994 Plan, the summary of recommendations called
for the following:
1. That the process of the alienation of Southwest
Park be completed.
2. That money from the disposition of the current
Southwest Park be used partly for acquiring
substitute parkland and partly for capital
improvements to existing City parks.
3. a) That a right-of-way be reserved for a future
south-west roadway to connect Elmira Road west to
Floral Avenue, possibly continuing up West Hill.
The right-of-way should make ample provision for
separate bicycle and pedestrian paths, and
landscaping.
b) That a right-of-way be reserved for the future
construction of a north-south roadway to improve
access to the Southwest Park area and to alleviate
future congestion on Meadow Street/Elmira Road.
The right-of-way width reserved should be adequate
for anticipated bicycle and pedestrian use, as
well as automotive.
4. That, with the exception of the area now developed
with mobile homes, the areas zoned MH-1 be rezoned
to a heavy commercial designation. And that no
further development of housing be permitted on the
area formerly used as a garbage dump.
5. a) That ‘Southwest Park’ and the adjoining City-owned
parcel to the north be rezoned for a predominantly
residential mixed-use planned unit development (PUD).
To do this, the City must amend the Zoning Ordinance to
allow planned unit development.
b) That the City should solicit proposals from
developers for a planned unit development in the
alienated Southwest Park.
WHEREAS, the major changes contained in the addendum included:
1. Identification of wetlands within Southwest Park
2. Revision of future land use and zoning recommendation
for Southwest Park
3. Requiring buffers between conflicting land uses
4. Expansion of the Cherry Street Industrial Park
5. Provision of public access to substitute parklands
January 3, 2001
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6. Termination of the reserved east-west travel corridor
at the Conrail railroad tracks prior to the Flood
Control Channel
7. Mitigation of off-site impacts of development
8. Establishment of design guidelines to ensure quality
site and project development
WHEREAS, on May 6, 1998, the City of Ithaca Common Council,
acting as Lead Agency, determined that adoption of the Southwest
Area Land Use Plan might have a significant environmental impact
and that a Generic Environmental Impact Statement was required,
and
WHEREAS, on June 1, 1998, the City of Ithaca held both an Agency
Scoping Session and a Public Scoping Session to identify issues
to be analyzed in the draft Generic Environmental Impact
Statement for the proposed Southwest Area Land Use Plan, and
WHEREAS, on August 5, 1998, Common Council, after considering
both written and public comments made during the public and
interested agency comment period, adopted the Scoping Document
for the draft Generic Environmental Impact Statement (dGEIS) for
the Southwest Area Land Use Plan, and
WHEREAS, on November 4, 1998, Common Council, after receiving
additional comments from the New York State Office of Parks,
Recreation and Historic preservation amended the Scoping Document
to include the investigation of impacts on historical and
archeological resources, and
WHEREAS, on December 20, 1999, Common Council accepted the dGEIS
as complete, and
WHEREAS, following this acceptance, a public hearing was duly
noticed and held on January 24 and 25, 2000, and a 59-day public
comment period, (30 day minimum required by SEQRA), ran until
February 17, 2000, and
WHEREAS, on March 24, 2000, Common Council finalized a list of
the substantive comments to be addressed in the Final Generic
Environmental Impact Statement (FGEIS), and
WHEREAS, on May 25, 2000, Common Council accepted the FGEIS as
complete, and
WHEREAS, Common Council has carefully considered the dGEIS and
the FGEIS, including comments made by City committees and boards,
the public, and interested agencies, and
WHEREAS, on August 24, 2000, the City of Ithaca Common Council,
adopted a Statement of findings for the Southwest Area Land Use
Plan, and
WHEREAS, the City of Ithaca Common Council recognizes that the
proposed Southwest Area Land Use Plan and the Southwest Area Land
Use Plan Generic Environmental Impact Statement are products of
extensive processes which involved public participation including
public review and comments, and
January 3, 2001
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WHEREAS, members of Common Council have reviewed the proposed
Southwest Area Land Use Plan and the 1998 Addendum to the Plan,
and
WHEREAS, members of Common Council recognize that the Plan is
general in nature and that as specific projects are proposed,
they will be subject to environmental review in accordance with
the State Environmental Quality Review Act and the City
Environmental Quality Review Ordinance and site plan review in
accordance with the City of Ithaca Site Plan Review Ordinance,
and
WHEREAS, members of Common Council recognize that the Southwest
Area Land Use Plan includes sufficient flexibility for future
decision-makers to allow for the implementation of items proposed
in the plan, and,
WHEREAS, members of Common Council are in favor of the 1994
Southwest Area Land Use Plan including the 1998 Addendum; now,
therefore, be it
RESOLVED, That the City of Ithaca Common Council hereby adopts
the 1994 Southwest Area Land Use Plan including the 1998 Addendum
as part of the City of Ithaca’s Comprehensive Plan.
Alderperson Vaughan stated for the record that she owns property
at 371 Elmira Road that is for sale. It has been brought to her
attention that various developers have looked at this property
through her realtor. She further stated that she would be
recusing herself from this vote for those reasons.
Alderperson Manos stated for the record that while she does not
personally own any property in the Southwest development area, her
husband, Bill Manos, does. The property is not currently being
marketed, nor to the best of her knowledge have any developers
expressed interest in the property. The City Attorney has advised
that no actual legal conflict of interest currently exist.
Alderperson Manos further stated that she would recuse herself
from the discussion and vote of this resolution to avoid the
appearance of a conflict of interest, and to prevent any question
of the validity of this vote.
A vote on the resolution resulted as follows:
Ayes (6) Pryor, Farrell, Blumenthal, Spielholz,
Taylor, Hershey
Nays (1) Sams
Recusals (2) Vaughan, Manos
Carried
Mayor Cohen thanked Alderperson Blumenthal, Planning and Economic
Development Director Van Cort, and the entire staff of the
Planning Department for all of their hard work that resulted in
the adoption of this plan.
5.2 A Public Hearing to Consider a Local Law Amending Section
300-26(B)(1) of Chapter 300 Entitled “Taxation” of the City of
Ithaca Municipal Code, Providing for an Increase in the Disability
Real Property Tax Exemption
January 3, 2001
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Resolution to Open Public Hearing
By Alderperson Spielholz: Seconded by Alderperson Hershey
RESOLVED, That the public hearing to consider a Local Law
providing for an increase in the disability real property tax
exemption be declared open.
Carried Unanimously
No one appeared to address Common Council.
Resolution to Close Public Hearing
By Alderperson Pryor: Seconded by Alderperson Vaughan
RESOLVED, That the public hearing to consider a Local Law
providing for an increase in the disability real property tax
exemption be declared closed.
Carried Unanimously
5.3 A Public Hearing to Consider the Proposed Disposition of a
Parcel Located at 614 W. Clinton Street by the Ithaca Urban
Renewal Agency
Resolution to Open Public Hearing
By Alderperson Vaughan: Seconded by Alderperson Pryor
RESOLVED, That the public hearing to consider the proposed
disposition of a parcel located at 614 W. Clinton Street be
declared open.
Carried Unanimously
No one appeared to address Common Council.
Resolution to Close Public Hearing
By Alderperson Hershey: Seconded by Alderperson Spielholz
RESOLVED, That the public hearing to consider the proposed
disposition of a parcel located at 614 W. Clinton Street be
declared closed.
Carried Unanimously
COMMUNICATIONS:
City Clerk Conley Holcomb reported that the City of Ithaca is
required by the U.S. Department of Housing and Urban Development
(HUD) to annually report on its progress in implementing its
Community Development Block Grant (CDBG) Program. The annual
report, known as the Performance Assessment Report (PAR), is
available for public comment. The City has prepared a PAR for
its CDBG funded programs of 1995, 1996 (3-year comprehensive
grant), 1997 and 1999. These reports outline the activities
funded by each grant and measure their respective performances.
Copies of the PAR are available for review from January 2 to
January 5, 2001 in the City’s Community Development Office, Third
Floor, City Hall, 108 East Green Street, Ithaca, New York.
Citizens should comment in writing to the address above before
4:30 pm on January 5, 2001. These comments will be forwarded to
HUD.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Dean Spencer, addressed Council regarding the extension of hours
of operation of the City’s downtown parking facilities.
Joel Harlan, Town of Dryden, addressed Council regarding economic
development issues.
David Gallahan, thanked Alderperson Sams for voting in opposition
to the Southwest Area Land Use Plan and addressed Council
regarding the traffic impact statement.
January 3, 2001
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Fay Gougakis, City of Ithaca, addressed Council regarding the
protection of natural areas and economic development issues.
Doug Crish, City of Ithaca, spoke in opposition of Target
Department Store and “big box” development.
RESPONSE TO THE PUBLIC:
Alderpersons Hershey, Vaughan and Spielholz responded to comments
made by Mr. Spencer regarding the extension of operational hours
of the downtown parking garages. They stated that hourly parking
fees have not been increased, and per a Memorandum of
Understanding with the Ithaca Downtown Partnership, the City is
now offering 2 hours of free parking in the downtown parking
facilities, reducing the daily rate of parking further. Monthly
parking permits are currently available with rates as low as $2
per business day.
COMMUNICATIONS FROM THE MAYOR:
Mayor Cohen reported that he has received a petition with over
fifty signatures from Tompkins County employees who work at the
Mental Health building regarding the change in parking
regulations in Lot D.
Mayor Cohen stated that these changes were a result of a
Memorandum of Understanding between the City of Ithaca and
Tompkins County to attempt to reserve hourly spaces for shoppers
and library patrons. Permit parking is available along the creek
wall and behind the library building. Mayor Cohen further stated
that he would send out proper notification of these changes to
City employees as well.
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
Natural Areas Commission
Daniel Hoffman, Chair of the Natural Areas Commission reported on
the following:
The Natural Areas Commission has been reviewing concerns relating
to the Six Mile Creek natural area, Ithaca Falls, and the
Southwest substitute parkland. The Commission unanimously
adopted a resolution at their December meeting directed at three
concerns that have arisen recently that affect the Southwest
natural area.
The resolution requests that the City take action to ensure that
no additional fill is placed within the boundaries of the
designated substitute parkland without review and consultation
with the Commission; take action to ensure that no soil
identified as contaminated is placed in the designated substitute
parkland; and take action to ensure that any plans for
discharging stormwater runoff from the Widewaters project site
are consistent with all requirements of the City’s Zoning
Ordinance and are protective of the environmental quality of the
natural area and the Cayuga Inlet.
REPORT OF THE CITY CONTROLLER:
Deputy City Controller Thayer reported that pursuant to the
approval of two Bond Resolutions at the December, 2000 Common
Council meeting, a permanent bond will go out for sale next week.
The City has maintained its AA3 Bond rating for that obligation.
PLANNING AND ECONOMIC DEVELOMENT COMMITTEE:
January 3, 2001
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18.1 Disposition of 614 W. Clinton Street – Determination of
Environmental Significance
By Alderperson Blumenthal : Seconded by Alderperson Pryor
WHEREAS, the IURA seeks to sell an approximately 6,300 sq. ft.
residential property located at 614 W. Clinton Street (tax parcel
#79.-5-18.3), previously used as a domestic violence shelter, to
Ithaca Neighborhood Housing Services (INHS) for the purpose of
rehabilitation of the structure and resale to a low- or moderate-
income family to occupy the structure as a single-family
dwelling, and
WHEREAS, the conveyance of property by the Ithaca Urban Renewal
Agency (IURA) to a qualified and eligible sponsor requires public
notice, public hearing and endorsement by the Common Council, and
WHEREAS, the proposed action is classified as an unlisted action
under the City Environmental Quality Review Act [CEQR Sec. 176-
12(7)], and
WHEREAS, appropriate environmental review has been conducted
including the preparation of an Environmental Assessment Form
(EAF), now, therefore be it
RESOLVED, that this Common Council, as lead agency in this
matter, hereby adopts as its own, the findings and conclusions
more fully set forth on the Environmental Assessment Form dated
November 9, 2000, and be it further
RESOLVED, that this Common Council, as lead agency, hereby
determines that the proposed action at issue will not have a
significant effect on the environment, and that further
environmental review is unnecessary, and be it further
RESOLVED, that this resolution constitutes notice of this
negative declaration and that the City Clerk is hereby directed
to file a copy of the same, together with any attachments, in the
City Clerk’s Office, and forward the same to any other parties as
required by law.
Carried Unanimously
18.2 Disposition of 614 W. Clinton Street by IURA to INHS –
Endorse Sale
By Alderperson Blumenthal: Seconded by Alderperson Farrell
WHEREAS, the IURA seeks to sell an approximately 6,300 sq. ft.
residential property located at 614 W. Clinton Street (tax parcel
#79.-5-18.3), previously used as a domestic violence shelter, to
Ithaca Neighborhood Housing Services (INHS) for the purpose of
rehabilitation of the structure and resale to a low- or moderate-
income family to occupy the structure as a single-family
dwelling, and
WHEREAS, the conveyance of property by the Ithaca Urban Renewal
Agency (IURA) to a qualified and eligible sponsor requires public
notice, public hearing and endorsement by the Common Council, and
WHEREAS, the IURA has determined that INHS is a qualified and
eligible sponsor to acquire the property, and
WHEREAS, INHS has estimated necessary rehabilitation costs at the
property will exceed $48,000, and
WHEREAS, INHS has submitted a purchase offer of $8,000 to acquire
the property, and
January 3, 2001
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WHEREAS, at their 9/19/00 meeting the IURA accepted the purchase
offer from INHS to acquire 614 W. Clinton Street (tax parcel #
79.-5-18.3) subject to Common Council approval in accordance with
the disposition procedures required by Article 15, Section 507 of
General Municipal Law and the following conditions:
(1) addition of a condition in the purchase offer requiring the
buyer to renovate the property and resell the property to a
low- and moderate-income family to occupy as a single family
dwelling;
(2) modifications to sections 18 and 21 of the purchase offer
regarding “further conditions” and “possession” acceptable
to the IURA Executive Director; and
(3) legal review and approval of the IURA Attorney, and
WHEREAS, appropriate environmental review has been completed, and
WHEREAS, appropriate public notice of the proposed sale was
published in the December 27, 2000 edition of the Ithaca Journal,
now, therefore be it
RESOLVED, that the Common Council of the City of Ithaca hereby
endorsed the proposed sale of 614 W. Clinton St (tax parcel #79.-
5-18.3) by the IURA to INHS for $8,000 for the purpose of
rehabilitation of the structure and resale to a low- or moderate-
income family to occupy the structure as a single-family
dwelling, and be it further
RESOLVED, that the Mayor, upon review by the City Attorney and
the Director of the Department of Planning & Development, is
hereby authorized to sign any and all instruments necessary to
transfer the parcel to INHS.
Carried Unanimously
Alderperson Spielholz left the meeting at 7:45 pm.
18.3 An Ordinance Amending Section 325-45 entitled “Amendment
Procedure Outlined” of Chapter 325 entitled “Zoning” of the City
of Ithaca Municipal Code – Call for Public Hearing
By Alderperson Blumenthal : Seconded by Alderperson Pryor
RESOLVED, That Common Council shall hold a public hearing in the
matter of the adoption of an Ordinance amending Section 325-45
entitled “Amendment Procedure Outlined” of Chapter 325 entitled
“Zoning” of the City of Ithaca Municipal Code in the Common
Council Chambers, City Hall, 108 East Green Street, in the City
of Ithaca, New York, at 7:00 p.m. on Wednesday, February 7, 2001,
and, be it further
RESOLVED, That the City Clerk shall give notice of such public
hearing by the publication of a notice in the official newspaper
specifying the time when and the place where such public hearing
will be held, and in general terms describing the proposed
ordinance. This notice shall be published once at least fifteen
(15) days prior to the public hearing, and be it further
RESOLVED, That the City Clerk shall transmit forthwith to the
Tompkins County Planning Board and to the City of Ithaca Planning
January 3, 2001
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and Development Board true and exact copies of the proposed
zoning ordinance for their reports thereon.
Alderperson Blumenthal explained the changes to current zoning
amendment procedures that would result from the passage of this
Ordinance.
A vote on the Resolution resulted as follows:
Carried Unanimously
The proposed Ordinance reads as follows:
ORDINANCE NO. _____-2001
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca as follows:
Section 1. Chapter 120 of the Code of the City of Ithaca, entitled
“Zoning Amendments Procedure” shall be amended and transferred to
Chapter 325 of the Code of the City of Ithaca, entitled “Zoning.”
Section 2. Section 325-45 of Chapter 325 of the Code of the City
of Ithaca, entitled “Zoning,” shall be amended as follows:
§ 325-45. Amendment procedure outlined.
A. Compliance with General City Law. The Common Council may
from time to time, on its own motion, on petition or on
recommendation of the City Planning and Development Board or
the Department of Planning and Development, amend,
supplement or repeal the regulations and provisions of this
chapter after public notice and hearing as required by the
General City Law.
B. Referral to City Planning Board. Every such proposed
amendment or change, except for those of a minor or non-
substantive nature, whether initiated by the Common Council or by
petition, shall be referred to the City Planning and Development
Board for report thereon before the public hearing hereinafter
provided for.
Section 3. A new subsection “C” shall be added to section
325-45 consisting of the former Chapter 120, as amended, and the
remaining subsections renumbered as appropriate:
C. [Chapter 120,] ZONING AMENDMENTS PROCEDURE
[§ 120-]1. Procedural guide adopted.
The guide for Zoning Ordinance amendments dated October 3,
1990, as amended, is hereby adopted by the Common Council to
serve as a procedural guide for the consideration of proposed
amendments to Chapter 325, Zoning.
[§ 120-]2. Construal of provisions.
[A] a. The adoption of this guide shall not in any way
substitute for or obviate the need for strict compliance
with the procedural requirements for Zoning Ordinance
amendments contained in state or local laws.
[B] b. The adoption of this guide shall not constitute a
new set of binding procedural requirements for the amendment
January 3, 2001
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of Chapter 325, Zoning, and failure to follow the procedural
suggestions in this guide shall not cause a defect in the
approval of a Zoning Ordinance amendment, provided that all
legal requirements are met.
[§ 120-]3. Guide for amendments.
[A] a. This guide for the review of Zoning Ordinance
amendments is designed to accommodate three different types
of situations. The procedure used would depend on the
complexity of the zoning amendment being considered. The
Planning and Economic Development Committee would determine
which procedure is appropriate. The steps outlined are
intended as a guide, not as rigid requirements.
[B] b. The three different procedures are as follows:
(1) Minor and non-substantive changes or amendments
(minor word, number, placement, or other similar changes,
modifications, or alterations that do not modify existing
zoning concepts.)
(a) The Planning and [Economic] Development [Department]
staff or other interested parties provide an explanatory
memorandum to the Planning and Economic Development Committee.
This explanatory memo will set forth the current zoning language
and the proposed change of a minor or non-substantive nature.
The memo should also propose how to correct the unclear provision
(i.e., how to correct a typographical error, numbering change, or
better placement within the Zoning Code Chapter 325). If the
Planning and Economic Development Committee desires additional
information, the information shall be provided.
(b) Referral to Common Council for action: the
Planning and Economic Development Committee shall
forward the proposed changes, with its endorsement, to
Common Council; Common Council votes on the proposed
amendments.
(c) The procedures in the remaining subsections of this part
shall not apply to minor and non-substantive changes or
amendments.
Section 4. Chapter 120-3(B)(i) shall be deleted in its
entirety, as follows.
[(1) Expedited Zoning Ordinance amendment (minor word or
number change which only modifies the existing zoning
concept).
(a) Referral. The Planning and Development Board or
the Common Council refers a zoning issue to the Planning and
Development Committee. Changes may also be undertaken by the
Planning and Development Committee without referral.
(b) Concept memo. The Planning and Development
Committee directs the Planning and Development staff to
draft a memorandum explaining the concept of the proposed
zoning change. The memorandum is referred to the Planning
and Development Board for review and comment. If, in the
opinion of the Planning and Development Committee, the
concept does not require drafting of a concept memorandum,
January 3, 2001
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the proposed concept may be referred orally to the Planning
and Development Board by the liaison to the Board.
(c) Comments received. Comments on the proposed change
are brought back to the Planning and Development Committee
through an oral report from the liaison. Comments may also
be referred in writing. The Planning and Development
Committee may advance the proposed amendment, modify it,
request more information or terminate consideration. The
Planning and Development Committee may request that the
Planning and Development Board take a lead role in drafting
a zoning amendment.
(d) Amendment first draft. The Planning and
Development Committee directs the Planning and Development
staff in conjunction with the City Attorney to draft the
proposed change. Environmental review is initiated. If
possible, the Planning and Development Committee Chairperson
reviews the draft. The draft, edited by the Chairperson, is
circulated to the Attorney, the Building Commissioner, the
Engineering Department, the Conservation Advisory Council
and the Planning and Development Board.
(e) Referral to the committee of the whole (or a
combined meeting of the affected committees or boards). The
Planning and Development Committee receives comments on the
draft and directs the Planning and Development staff to make
appropriate modifications to the amendment. The modified
amendment is referred by the Planning and Development
Committee to the committee of the whole (or a combined
meeting of the affected committees or boards). The committee
of the whole refers the amended draft to the Common Council.
(f) Public hearing. The Common Council calls for a
public hearing and directs that the change be advertised.
(g) Council actions. The Common Council votes on the
proposed amendment.]
(2) Complex Zoning Ordinance amendments (extensive changes
to the rules for a zoning district, a map change or similar
major modification to the Zoning Ordinance).
(a) Referral. Planning and [Economic] Development
staff, t[T]he Planning and [Economic] Development
Board or the Common Council refers a zoning issue
to the Planning and Economic Development
Committee. Changes may also be undertaken by the
Planning and Economic Development Committee
without referral.
(b) Concept memo. The Planning and Economic
Development Committee directs the Planning and
[Economic] Development staff to draft a memorandum
explaining the concept of the proposed zoning
change. The memorandum is referred to the Planning
and Development Board, the Conservation Advisory
Council, the City Attorney, the Building
Commissioner, the City Engineer, [and] the
Director of Planning and [Economic] Development,
and other relevant boards, commissions, or City
departments, for review and comment.
January 3, 2001
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(c) Comments received. The Planning and [Economic]
Development Department receives and compiles
written comments for consideration by the Planning
and Economic Development Committee. [Written
comments are preferred.] The Planning and Economic
Development Committee may advance the proposed
amendment, modify it, request more information or
terminate consideration. The Planning and Economic
Development Committee may request that the
Planning and Development Board take a lead role in
drafting a zoning amendment.
(d) Amendment first draft. The Planning and Economic
Development Committee directs the Planning and
[Economic] Development staff in conjunction with
the City Attorney to draft the proposed change.
Environmental review is initiated. If possible,
the Planning and Economic Development Committee
Chairperson reviews the draft. The draft, edited
by the Chairperson, is circulated to the Attorney,
the Building Commissioner, the Engineering
Department, the Conservation Advisory Council,
[and] the Planning and [Economic] Development
Board, and other relevant boards, commissions, or
City departments.
(e) Referral to the Common Council or to the committee
of the whole (or a combined meeting of the
affected committees or boards). The Planning and
Economic Development Committee receives comments
on the draft and directs the Planning and
[Economic] Development staff to make appropriate
modifications to the amendment. The modified
amendment is referred by the Planning and Economic
Development Committee to the Common Council, the
committee of the whole (or a combined meeting of
the affected committees or boards). If the
amendment is referred to the latter two groups,
t[T]he committee of the whole will refer[s] the
amended draft to the Common Council.
(f) Public hearing. The proposed change shall be
advertised and a public hearing shall be held.
[The Common Council or the Planning and Economic
Development Committee or the Planning and
Development Board arranges [calls] for a public
hearing and directs that the change be
advertised.]
(g) Council action. The Common Council votes on the
proposed amendment.
(3) Extensive Zoning Ordinance amendments (development of a
new zoning district or ordinance section or extensive map
changes). The procedure shall be the same as in Subsection
[B(2)] C(2) above, except that the draft amendments may be
referred back to the various boards and committees for
comments. Several drafts of the ordinance will likely need
to be prepared.
[C.] D. [The Common Council, or the Planning and Economic
Development Committee, or the Planning and Development Board
by resolution, shall fix] T[t]he time and place of a public
January 3, 2001
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hearing on the proposed amendment shall be fixed and [cause]
notice shall [to] be given by publishing a notice at least
15 days prior to the date of the public hearing in the
official newspaper of the City of Ithaca.
[D.] E. Compliance with General Municipal Law. In amending this
chapter, the Common Council shall, before taking final
action thereon, comply with General Municipal Law § 239-l
and 239-m.
[E.] F. Conduct of public hearing. The public hearing shall be
held by the Common Council [or the Planning and Economic
Development Committee or the Planning and Development Board]
in accordance with its own rules and General City Law § 83.
Section 4. Effective Date.
This Ordinance shall take effect immediately and in
accordance with law upon publication of notice as provided
in the Ithaca City Charter.
18.4 Southwest Natural Area Master Plan - Report
Alderperson Blumenthal reported that the Planning and Economic
Development Committee had a presentation of the Southwest Natural
Area Master Plan. Prior to the adoption of this plan two public
hearings must be held. The public hearings are scheduled for the
February 7, 2001 and March 7, 2001 Common Council meetings.
Mayor Cohen thanked Alderperson Pryor for chairing this effort.
HUMAN RESOURCES COMMITTEE:
19. HUMAN RESOURCES COMMITTEE:
19.1 Human Resources – Request Funds for Executive Unit
Compensation Study
By Alderperson Manos : Seconded by Alderperson Sams
WHEREAS, as part of the current City Executive Association
agreement, the City agreed to conduct a compensation study for
the Association in 2001, and
WHEREAS, the Human Resources Department has received proposals
for said study and is recommending the selection of Total
Compensation Services, Inc. to conduct the study at a cost of
$16,000, and
WHEREAS, the study will create a Performance Appraisal and
Competency Evaluation tool for the Association positions; provide
a comprehensive market analysis for the positions; perform an
internal equity review, and provide project support; now,
therefore, be it
RESOLVED, That Common Council hereby approves the transfer of
funds in the amount not to exceed $16,000 from account A1990
Restricted Contingency (2000 remaining balance) to account A1430-
5435 Human Resources Contracts for the purposes of conducting a
compensation study for the City Executive Association, and be it
further
RESOLVED, That the Mayor is hereby authorized to enter into an
agreement with Total Compensation Services, Inc. to conduct said
study.
January 3, 2001
14
Deputy City Controller Thayer explained where the source of
funding for this project came from.
A vote on the Resolution resulted as follows:
Carried Unanimously
19.2 Request to Appoint Acting Director of the Youth Bureau
By Alderperson Manos: Seconded by Alderperson Vaughan
WHEREAS, the Director of the Youth Bureau has retired through the
2000 New York State Retirement Incentive Program, and
WHEREAS, the Youth Bureau has developed a plan that demonstrates
a minimum of 50% savings in the base salary over the two years
following the retirement of the Director, and
WHEREAS, the proposed plan requires reassigning responsibilities
to existing staff in an acting capacity, now therefore be it
RESOLVED, That Common Council hereby appoints Alice Green to the
Position of Acting Director of the Youth Bureau effective January
1, 2001 at an annual salary for 2001 of $56,696.
Extensive discussion followed on the floor with Council members
expressing concern regarding the City’s nepotism policy, the
status of a search for the position, the time period that this
position will remain “acting”, and the City’s residency
requirement.
Mayor Cohen explained that the City’s nepotism policy
grandfathers persons employed by the City prior to its adoption
in 1983. Both Alice and Allen Green were employed by the City
prior to that provision.
Human Resources Director Michell-Nunn reported that the City is
not currently conducting a search for a permanent Youth Bureau
Director as part of the NYS Early Retirement Incentive mandates
that the City realize a 50% savings in the base salary of the
position over the next two years. The Youth Bureau is undergoing
a restructuring process to accomplish the required savings. The
“acting” position will remain in place until Common Council acts
otherwise.
Mayor Cohen stated that there is no residency requirement for
acting department heads. The permanent department head will have
to live in the City of Ithaca pursuant to the current City Code.
Mayor Cohen stated that another issue to consider before a
permanent department head is hired is whether the City and County
Youth Bureaus should merge.
Common Council expressed its desire that this situation be
reviewed further by the Human Resources Director and the Human
Resources Committee and brought back to Council in the future.
A vote on the Resolution resulted as follows:
Carried Unanimously
19.3 Request to Appoint Acting Deputy Director of the Youth
Bureau
By Alderperson Manos : Seconded by Alderperson Pryor
January 3, 2001
15
WHEREAS, the Director of the Youth Bureau has retired through the
2000 New York State Retirement Incentive Program, and
WHEREAS, the Youth Bureau has developed a plan that demonstrates
a minimum of 50% savings in the base salary over the two years
following the retirement of the Director, and
WHEREAS, the proposed plan requires reassigning responsibilities
to existing staff in an acting capacity, now therefore be it
RESOLVED, that Common Council hereby appoints Allen Green to the
Position of Acting Deputy Director of the Youth Bureau effective
January 1, 2001 at an annual salary for 2001 of $51,542.
Carried Unanimously
19.4 Amendment to Personnel Roster – Department of Information
Technology
By Alderperson Manos : Seconded by Alderperson Sams
RESOLVED, That the Personnel Roster of the Department of
Information Technology be amended as follows:
Add: One (1) Senior Network Administrator (40 hrs)
One (1) User Support Analyst (40 hrs)
One (1) Administrative Secretary
and be it further
RESOLVED, That the position of Senior Network Administrator be
assigned to the City Executive Association at salary grade 3, and
be it further
RESOLVED, That the position of User Support Analyst be assigned
to the CSEA Administrative Unit at salary grade 12, and be it
further
RESOLVED, That the position of Administrative Secretary be a
Confidential position.
Carried Unanimously
19.5 Request to Adopt Work Environment Task Force Recommendations
By Alderperson Manos : Seconded by Alderperson Sams
WHEREAS, Common Council created the Work Environment Task Force
in August 1998 to assess the City work environment and put forth
recommendations to enhance working conditions for all City
employees, and
WHEREAS, the Work Environment Task Force, comprised of City
employees, Common Council members, Department Heads and the
Mayor, presented such recommendations to the Human Resources
Committee on December 18, 2000, now therefore be it
RESOLVED, That Common Council accepts the report and adopts the
recommendations presented by the Work Environment Task Force.
Alderperson Manos thanked Common Council and Mayor Cohen for
their commitment to a better work environment for City employees.
She further thanked Task Force members: Joanne Bailey, Frank
Eggleston, Randy Sterling, Marcia Fort, Brian Wilbur, Phyllis
Radke, Schelley Michell-Nunn and the many City employees who
participated in this effort. Alderperson Manos extended a
special thank you to Jane Maestro-Scherer and Robert Rich, of the
January 3, 2001
16
Pews Program, Cornell University ILR School, and Administrative
Secretary Denise Malone for her unending patience and wonderful
administrative support.
Alderperson Blumenthal inquired as to whether the City was in
possession of a written report. Human Resources Director
Michell-Nunn explained that this was an inter-active process, and
while there is no written report, there is a large amount of data
and background information available in the Human Resources
Department.
Alderperson Hershey thanked Alderperson Manos, Human Resources
Director Michell-Nunn, and Randy, Frank and Joanne for their
energy and determination to make this project happen.
Amending Resolution
By Alderperson Manos: Seconded by Alderperson Pryor
RESOLVED, That Common Council expresses its appreciation to the
members of the Work Environment Task Force for their time,
energy, and commitment in working to improve the work environment
for City of Ithaca employees.
Carried Unanimously
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
BUDGET AND ADMINISTRATION COMMITTEE:
20. BUDGET AND ADMINISTRATION COMMITTEE:
20.1 Finance/Controller - Designation of Official Newspaper
By Alderperson Vaughan: Seconded by Alderperson Manos
RESOLVED, That pursuant to Section C-113 of the City Charter, the
Ithaca Journal be and is hereby designated as the official
newspaper of the City of Ithaca for the year 2001.
Carried Unanimously
20.2 Finance/Controller - Collateral to Secure Deposits
By Alderperson Vaughan: Seconded by Alderperson Manos
RESOLVED, That the collateral deposited by the Tompkins County
Trust Company, M & T Bank and the Fleet Bank as reported, be
approved as to form and sufficiency.
Carried Unanimously
20.3 Finance/Controller - Public Employee's Blanket Bond
By Alderperson Vaughan: Seconded by Alderperson Manos
RESOLVED, That pursuant to Section 11 of the Public Officers Law,
the following Bond, which is on file in the Office of the City
Clerk, be, and is hereby approved in all respects for the year
2001.
Faithful Performance Blanket $250,000 Peerless
Bond Coverage Insurance Co.
Carried Unanimously
20.4 Finance/Controller - Designation of Common Council Meetings
By Alderperson Vaughan: Seconded by Alderperson Manos
RESOLVED, That the regular meetings of the Common Council, for
the year 2001, be held at 7:00 P.M., on the first Wednesday of
each month, unless otherwise determined by Common Council, in the
January 3, 2001
17
Common Council Chambers, at City Hall, 108 East Green Street,
Ithaca, New York, unless otherwise determined by Common Council.
Mayor Cohen noted that there is a meeting conflict for Wednesday,
July 4, 2001.
A vote on the Resolution resulted as follows:
Carried Unanimously
20.5 Finance/Controller - Designation of Official Depositories
By Alderperson Vaughan: Seconded by Alderperson Hershey
RESOLVED, That pursuant to Section C-34 of the City Charter, the
Tompkins County Trust Company, M & T Bank, and the Fleet Bank be,
and they are, hereby designated as the official depositories of
all City Funds for the year 2001 and are currently deposited as
follows:
TOMPKINS COUNTY TRUST COMPANY
ACCOUNT NAME ACCOUNT NUMBER
City of Ithaca Operating Fund 01-201-001004
Employees Group Insurance Deductions 08-201-001004
City of Ithaca Payroll Fund 04-201-001004
Guaranty and Bid Deposits 05-201-001004
Health Facility Agreement 05-201-001004
Deposit on Water Meters 05-201-001004
City of Ithaca-Wire Transfer Community
Enterprise Opportunity 06-201-001004
City of Ithaca BID Assessments 06-201-001055
Ithaca Fire Department Bunker Facilities 05-201-001004
Sale of Unclaimed Property 05-201-001004
Circle Greenway 05-201-001004
Conference on College and Community 05-201-001004
Center for Expressive Arts 05-201-001004
Peter DeWysocki Memorial Fund 05-201-001004
Department of Justice Grant 09-201-001004
Lockbox – Tickets 03-201-001004
City of Ithaca Construction Fund 10-104-083831
Cemetery Fund 05-201-001004
Commons Cultural Tourism 05-201-001004
Gene Slater Memorial Fund 05-201-001004
Jack Kiely Scholarship Fund 05-201-001004
DeWitt Park Improvement Fund 05-201-001004
Employees N.Y.S. Withholding Tax 08-201-001004
Employees U.S. Savings Bonds 08-201-001004
Centennial Art Work 05-201-001004
N.Y.S. Police, Fire and Employees
Retirement System 08-201-001004
GIAC Youth Enterprise Fund 05-201-001004
FICA Overpayment Reimbursement 05-201-001004
Juvenile Firesetter's Program 05-201-001004
Capital Reserve Fund #4 - Bridges 01-201-001055
Capital Reserve Fund #11 - Parks and
Recreation Areas 01-201-001055
Capital Reserve Fund #14 - Parking Areas 01-201-001055
Capital Reserve Fund #15 - Fire Engine
Replacement 01-201-001055
Capital Reserve Fund #16 - Development of
Water Sources 01-201-001055
Capital Reserve Fund #17 - Sewer Construction 01-201-001055
January 3, 2001
18
Capital Reserve Fund #17A - Mandatory
Reserve for Sewer Plant Construction 01-201-001055
Capital Reserve Fund #20 - West Hill Water
and Sewer Replacement 01-201-001055
Capital Reserve Fund #22 - Bus Replacement 01-201-001055
Capital Reserve Fund #23 - Public Works
Equipment 01-201-001055
Capital Reserve Fund #24-Energy Conservation 01-201-001055
Capital Reserve Fund #25-Capital Improvements 01-201-001055
Capital Reserve Fund #26 - Land Acquisition 01-201-001055
Capital Reserve Fund #27 - DPW Consolidation 01-201-001055
Payroll Benefits - Flexible Spending 08-201-001004
ECHO 05-201-001004
Six Mile Creek Natural Area 05-201-001004
Keith Andrew Riggs Memorial 05-201-001004
Thermal Imaging Unit 05-201-001004
Fire Department 175 Anniversary 05-201-001004
Rick Gray Memorial 05-201-001004
Stewart Park Carousel Fund 05-201-001004
Moore Memorial 05-201-001004
Skateboard Park 05-201-001004
IPAC Escrow 14-303-468203
Capital Reserve Fund - Joint Activity Fund 01-101-099762
Debt Service Fund 02-201-001004
Joint Activity Capital Fund 01-101-116535
FLEET BANK
ACCOUNT NAME ACCOUNT NUMBER
Firemen's Relief Fund 267-010001
Ithaca Area Wastewater Treatment Plant -
Phase III 267-365187
M & T BANK
ACCOUNT NAME ACCOUNT NUMBER
City of Ithaca - Construction Fund 01528-781-6
Carried Unanimously
20.6 Finance/Controller - Approval of 2001 Community Services
Agencies Contracts
By Alderperson Vaughan: Seconded by Alderperson Manos
RESOLVED, That the Mayor be authorized to execute the following
2001 contracts with Community Services Agencies, in accordance
with the adopted 2001 City budget:
Celebrations - Flag Day 350
Celebrations - Veterans Day 800
Cabin Fever Festival Coalition 1,200
Community Arts Partnership 9,000
Community Arts Partnership Visitor 6,000
Ticket Center
Community School of Music and Arts 3,000
Cornell Cooperative Extension 5,000
DeWitt Historical Society 7,500
Firehouse Theater 3,000
Human Rights Commission 625
Ithaca Festival 6,000
Juneteenth, Kwanzaa, etc. Celebrations 5,000
January 3, 2001
19
Kitchen Theater Company 3,000
Labor Coalition 6,000
Leadership & Multicultural Alliance 1,500
Multicultural Resource Center 6,000
On Site Volunteer Services 5,000
Project Growing Hope 500
Sciencenter Afterschool Program 2,000
Suicide Prevention & Crisis Service
of Tompkins County 5,000
Teen Community Center Project 1,000
T. C. Cornell Cooperative Extension Neighborhood
Leadership Program 5,000
Carried Unanimously
20.7 City Chamberlain – Request to Waive Penalty on
Taxes for 206 E. Lewis Street
By Alderperson Vaughan: Seconded by Alderperson Pryor
WHEREAS, Joan Shaw, the property owner at 206 E. Lewis Street,
has provided sufficient documentation to support her contention
that she sent her tax payment to the Chamberlain’s Office prior
to October 1, 2000; now, therefore, be it
RESOLVED, That the $232.88 tax penalty that accrued October 1,
2000 on the 1999-2000 Ithaca City School District Tax for the
property at 206 E. Lewis Street be waived.
Carried Unanimously
20.8 DPW/Water & Sewer – Approve Extension of Professional
Services Contract
By Alderperson Vaughan: Seconded by Alderperson Manos
WHEREAS, Common Council approved at its regular meeting January
5, 2000, an extension of an on-site AutoCAD training service
contract at Water and Sewer and other City departments for
Michael O’Cello for the year 2000, and
WHEREAS, the Water and Sewer Division requests an extension of
that contract to December 31, 2001 at a $20.70 hourly rate, and
WHEREAS, the current heavy workload in the Water and Sewer
Division related to regional water and sewer engineering efforts,
and overall City development have increased the need for
specialized and experienced manpower to maintain the overall
operations of the division; now, therefore, be it
RESOLVED, That Common Council hereby authorizes the
Superintendent of Public Works to extend the independent contract
for on-site AutoCAD training with Michael O’Cello for the period
from January 1, 2001 to December 31, 2001, to be reimbursed at
the rate of $20.70 per hour, for a total contract extension not
to exceed $22,000, and be it further
RESOLVED, That the funds for said contract shall be derived from
Water and Sewer operating accounts and Capital Project #506.
Assistant Superintendent of Water & Sewer Fabbroni reported that
approximately 60% of the money to fund this position for the last
two years would be reimbursable if the water merger takes place.
A vote on the Resolution resulted as follows:
Carried Unanimously
January 3, 2001
20
20.9 DPW/Water & Sewer – Approve Extension of Professional
Services Contract
By Alderperson Vaughan: Seconded by Alderperson Pryor
WHEREAS, Common Council approved at its regular meeting January
5, 2000, an extension of an engineering and construction
management services contract at Water and Sewer for Eric Whitney
for the year 2000, and
WHEREAS, the request to covert this contract to a full-time
position in the Water and Sewer Division is under way, and
WHEREAS, the Water and Sewer Division requests an extension of
the contract until a full-time position is established, and
WHEREAS, the current heavy workload in the Water and Sewer
Division related to regional water and sewer engineering efforts,
and overall City development have increased the need for
specialized and experienced manpower to maintain the overall
operations of the division; now, therefore, be it
RESOLVED, That Common Council hereby authorizes the
Superintendent of Public Works to extend the independent contract
for engineering and construction management services with Eric
Whitney for the period from January 1, 2001 to June 30, 2001 or
until a full-time position is established, to be reimbursed at a
rate of $23.00 per hour, for a total contract extension not to
exceed $24,000, and be it further
RESOLVED, That the funds for said contract shall be derived from
Water & Sewer Capital Projects #506 and #606.
Assistant Superintendent of Water and Sewer Fabbroni reported
that approximately 40% of the money spent on this position may be
reimbursable through the towns involved in the regional sewer
merger. Other funding for this position has been recaptured
through the bond acts.
A vote on this Resolution resulted as follows:
Carried Unanimously
20.10 A Local Law to Amend Section 300-26(B)(1) of Chapter 300
Entitled “Taxation” of the City of Ithaca Municipal Code,
Providing for an Increase in the Disability Real Property Tax
Exemption
By Alderperson Vaughan: Seconded by Alderperson Hershey
Local Law ___ 2001
BE IT ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Pursuant to an increase in the income ceilings at the
State level for disability tax exemptions, section 300-26(B)(1)
of Article V entitled Disability Exemption of the City of Ithaca
Municipal Code shall be amended to increase the amount of the
partial real property tax exemption for certain disabled persons,
as follows:
B. Exemption granted.
January 3, 2001
21
(1) Pursuant to the provisions of § 459-c of the Real Property
Tax Law of the State of New York, real property located in the
City of Ithaca owned by one or more persons, each of whom is
disabled and whose income is limited by reason of such
disability, or real property owned by husband and wife, or
siblings, one of whom is disabled and whose income is limited by
reason of such disability, shall be partially exempt from
taxation by said city for the applicable taxes specified in §
459-c based upon the income of the owner or combined income of
the owners. Such partial exemption shall be to the extent set
forth in the schedule following:
Annual Income of Owner Percentage Assessed
or Combined Annual Valuation Exempt
Income of Owners From Taxation
Up to $20,500 [Less than $18,500.00] 50%
More than $20,500 but less than $21,500 45%
[Equal to or more than $18,500.00]
but less than $19,499.99]
$21,500 to $22,499.99 40%
[Equal to or more than $19,500.00]
but less than $20,499.99]
$22,500 to $23,499.99 35%
[Equal to or more than $20,500.00
but less than $21,499.99]
$23,500 to $24,399.99 30%
[Equal to or more than $21,500.00]
but less than $22,499.99]
$24,400 to $25,299.99 25%
[Equal to or more than $22,500.00]
but less than $23,499.99]
$25,300 to $26,199.99 20%
[Equal to or more than $23,500.00]
but less than $24,499.99]
$26,200 to $27,099.99 15%
[Equal to or more than $24,500.00]
but less than $25,499.99]
$27,100 to $27,999.99 10%
[Equal to or more than $25,500.00]
but less than $26,499.99]
$28,000 to $28,899.99 5%
[Equal to or more than $26,500.00]
but less than $27,499.99]
Section 2. Effective Date.
This Local Law shall take effect immediately in accordance
with law upon filing with the Secretary of State.
Carried Unanimously
January 3, 2001
22
21. NEW BUSINESS:
Election of Acting Mayor
Mayor Cohen opened the floor to nominations for Acting Mayor.
Alderperson Hershey nominated Alderperson Manos for the position
of Acting Mayor.
Mayor Cohen closed the floor to nominations.
Resolution
By Alderperson Hershey: Seconded by Alderperson Pryor
RESOLVED, That Alderperson Manos be elected as Acting Mayor for a
term to expire December 31, 2001.
Carried Unanimously
Election of Alternate Acting Mayor
Mayor Cohen opened the floor to nominations for Alternate Acting
Mayor.
Alderperson Farrell nominated Alderperson Hershey for the
position of Alternate Acting Mayor.
Mayor Cohen closed the floor to nominations.
Resolution
By Alderperson Farrell: Seconded by Alderperson Manos
RESOLVED, That Alderperson Hershey be elected as Alternate Acting
Mayor for a term to expire December 31, 2001.
Carried Unanimously
Appointment of Marriage Officers
By Alderperson Farrell: Seconded by Alderperson Sams
RESOLVED, That the following members of Common Council be
appointed as Marriage Officers with a term to expire December 31,
2001:
Paulette Manos
Patricia Vaughan
Diann Sams
Edward Hershey
Patricia Pryor
Joan Spielholz
Carried Unanimously
Motion to Enter into Executive Session
By Alderperson Manos: Seconded by Alderperson Vaughan
RESOLVED, That Common Council adjourn into Executive Session to
discuss a matter of public safety.
Carried Unanimously
Reconvene
Common Council reconvened into to regular session with no action
taken.
ADJOURNMENT:
On a motion the meeting adjourned at 9:15 P.M.
January 3, 2001
23
________________________ _______________________
Julie Conley Holcomb, CMC Alan J. Cohen,
City Clerk Mayor