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Home My WebLink AboutMN-CC-2001-02-27COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Special Meeting 7:00 p.m. February 27, 2001 PRESENT: Mayor Cohen Alderpersons: (9) Pryor, Manos, Sams, Farrell, Blumenthal, Spielholz, Glasstetter, Hershey, Taylor OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney - Schwab Human Resources Director – Michell-Nunn GIAC Director – Fort EXCUSED: Alderperson Vaughan PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American Flag. SPECIAL ORDER OF BUSINESS: New Position Duties Statement Alderperson Hershey stated that he would like to move three resolutions at once. Building Department – Appointment of Acting Building Commissioner By Alderperson Hershey: Seconded by Alderperson Pryor WHEREAS, Phyllis Radke has acted as the Building Commissioner for the last 18 months, and WHEREAS, there is a judgment of the Court ordering the City of Ithaca to reinstate the former Building Commissioner, Richard Eckstrom, and WHEREAS, a second Building Commissioner position should be created to effectuate the continuation of the efficient operations of the Building Department in servicing the public; now, therefore, be it RESOLVED, That Phyllis Radke is appointed Acting Building Commissioner for one of the Commissioner positions. Building Department – Reinstatement of Building Commissioner By Alderperson Hershey: Seconded by Alderperson Pryor WHEREAS, the City was served on February 5, 2001 with a judgement of the Court which, among other things, orders that Richard Eckstrom be reinstated to his position as Building Commissioner; now, therefore, be it RESOLVED, That Richard Eckstrom is hereby reinstated as Building Commissioner effective February 27, 2001. Request to Amend Personnel Roster By Alderperson Hershey: Seconded by Alderperson Pryor RESOLVED, That Common Council hereby amends the Building Department authorized Personnel Roster as follows: Add: One (1) Building Commissioner and, be it further February 27, 2001 2 RESOLVED, That said position be assigned to the Managerial Compensation Plan, Salary Grade 6 Mayor Cohen clarified the order that the Resolutions should appear in as follows: Building Department – Reinstatement of Building Commissioner By Alderperson Hershey: Seconded by Alderperson Pryor WHEREAS, the City was served on February 5, 2001 with a judgement of the Court which, among other things, orders that Richard Eckstrom be reinstated to his position as Building Commissioner; now, therefore, be it RESOLVED, That Richard Eckstrom is hereby reinstated as Building Commissioner effective February 27, 2001. Request to Amend Personnel Roster By Alderperson Hershey: Seconded by Alderperson Pryor RESOLVED, That Common Council hereby amends the Building Department authorized Personnel Roster as follows: Add: One (1) Building Commissioner and, be it further RESOLVED, That said position be assigned to the Managerial Compensation Plan, Salary Grade 6 Building Department – Appointment of Acting Building Commissioner By Alderperson Hershey: Seconded by Alderperson Pryor WHEREAS, Phyllis Radke has acted as the Building Commissioner for the last 18 months, and WHEREAS, there is a judgment of the Court ordering the City of Ithaca to reinstate the former Building Commissioner, Richard Eckstrom, and WHEREAS, a second Building Commissioner position should be created to effectuate the continuation of the efficient operations of the Building Department in servicing the public; now, therefore, be it RESOLVED, That Phyllis Radke is appointed Acting Building Commissioner for one of the Commissioner positions. Amending Resolution By Mayor Cohen: Seconded by Alderperson Glasstetter RESOLVED, That the following language be substituted for the last Whereas Clause and the Resolved Clause of the Appointment of Acting Building Commissioner Resolution: “WHEREAS, a second Building Commissioner position has been created to effectuate the continuation of the efficient operations of the Building Department in servicing the public; now, therefore, be it RESOLVED, That Phyllis Radke is appointed Acting Building Commissioner for the newly created Commissioner position.” A vote on the Amending Resolution resulted as follows: Ayes (8) Manos, Pryor, Farrell, Blumenthal, Spielholz, Glasstetter, Taylor, Hershey February 27, 2001 3 Nays (1) Sams Carried Alderperson Sams read the following statement into the record: “I want to make it clear that this statement and position is from me and me alone. I realize and acknowledge that this has been an agonizing time for the city, city employees, and the community. Mr. Eckstrom is not the only one affected. Lest we not forget how this all got started and how an innocent business was hurt. The decision from the Judge has nothing to do with what started this ball rolling. The original decision from the hearing officer was presented to Council. We abided by that decision. It was the decision of an independent outside person who has no ties to the Ithaca community. The hearing officer came into the process totally unbiased. He knew none of the players involved. The main reason Council chose this venue was that it would be unbiased – that there would be no appearance of bias. In the words of Paul Kivel (a non-violence activist), “sometimes change comes not in the first round, but at the second, third or fourth. Changes start with one person questioning, challenging, speaking up and doing something to make a difference. We can each make a difference…because each of us is already part of the community.” As Dr. King expressed in his letter from the Birmingham jail, there is a great deal of anxiety over the willingness to break laws, and there is legitimate concern. And he goes on to say, “How can you advocate breaking some laws and obeying others? There are two types of laws, there are just laws and there are unjust laws. An unjust law is no law at all”. So, I must, in all good conscience, abstain from this vote on this particular decision this evening.” Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (8) Pryor, Manos, Farrell, Blumenthal, Spielholz, Glasstetter, Hershey, Taylor Nays (0) Abstentions (1) Sams Carried ADJOURNMENT: On a motion the meeting was adjourned at 7:15 p.m. Julie Conley Holcomb, CMC Alan J. Cohen, City Clerk Mayor