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City Council Meeting - 01/20/2005
Auburn City Council
Meeting #3
January 20, 2005
5:00PM
Business Meeting


Roll Call – Mayor Lattimore, Councilors Jacobs, McNabb, Hunter and Dempsey; Present.

Staff Members Present – John Salomone, City Manager; Thomas Leone, Corporation Counsel; Debra McCormick, City Clerk; Lisa Green, Comptroller; Steve Lynch, Director of Development; Marie Nellenbeck, Treasurer; Michael Quill, Fire Chief; Gary Giannotta, Police Chief; several members of the Auburn Fire Department.

All stood for the Pledge of Allegiance to the Flag.

Mayor Lattimore introduced Rich Chipman, USDA representative.  Mr. Chipman gave Council an update on the crow dispersion program and asked for permission to continue for 7 more days at no charge to the city.  Council welcomed the offer.

Presentations and Proclamations
The City Manager introduced Fire Chief Mike Quill. Chief Quill was joined by the City Manager and Mayor to recognize the promotions of 4 Firefighters.  Each Firefighter took the oath of office.  Family and friends joined them by holding the bible during the oath.  The Firefighters were:

·       Mark Farrell promoted to Assistant Fire Chief
·       Terry Winslow, Assistant Fire Chief
·       Mark Fritz promoted to Fire Captain
·       Scott Shaw promoted to Fire Lieutenant

Public to be Heard
Bob McIntyre, Scotland – spoke to Council regarding the City’s crow problem.  He presented Council with a falcon decoy that he sells as a solution to dispersing crows.  He reported it works in Scotland and is ecologically friendly.  The Mayor and Council commented.  Mayor Lattimore thanked Mr. McIntyre.

Rita Sarnicola, Owasco – commented on the recent crow dispersal efforts of the City.  She asked the City to have festival to celebrate crows and keep an open mind with regard to crows as an asset to the community.

Art Wenzel, 23 Westlake Ave. – spoke to Council to suggest homeowners get a tax rebate for the purchase of falcon merchandise.

Earl Stien, spoke to Council regarding various issues he was concerned about.

Jim Marshall, 108 Franklin St. – spoke to Council to ask that a request for proposal or bid be done to purchase collection services for the city.  His company provides this service and he stated he would like an opportunity to bid.

Michele Axton, Delray Florida, spoke to Council about her thoughts on what a special place Auburn is.

Reports of City Officials – None

Committee Reports – None

Presentations of Petitions and Communications – The Clerk read.

Ordinances
        
Ordinance #1 of 2005 authorizing amendment of to the Code of the City of Auburn, Chapter 22, Section 22-4 – Designation of Emergency Interim Successors.  VOTE – Mayor Lattimore, no; Councilors Jacobs, McNabb, Hunter and Dempsey – yes.  CARRIED

Resolutions  

Appointment Resolution #3 of 2005 authorizing appointments to the Public Power Agency. VOTE – Mayor Lattimore, Councilors Jacobs, McNabb, Hunter and Dempsey – yes.  CARRIED

Appointment Resolution #4 of 2005 authorizing appointment and re-appointments to the Auburn Human Rights Commission.  VOTE – Mayor Lattimore, Councilors Jacobs, McNabb, Hunter and Dempsey – yes.  CARRIED

Sewer-Water Repair/Replacement Resolution #5 of 2005 authorizing financing for the repair/replacement of a water line on the Sewer-Water Repair/Replacement Program, in the amount of $1,535.00, to be charged to Account #HF 8340-00. VOTE – Mayor Lattimore, Councilors Jacobs, McNabb, Hunter and Dempsey – yes.  CARRIED

Change Order Resolution #6 of 2005 authorizing the Mayor to execute Change Order #8 with F. Rizzo Construction Inc., for the Genesee Street Reconstruction Project, in the amount of $55,941.63 to be charged to Account #HA 5110-440-BQ. Motion to table by Councilor Jacobs and Dempsey. VOTE – Mayor Lattimore, Councilors Jacobs, McNabb, Hunter and Dempsey – yes.  TABLED

Change Order Resolution #7 of 2005 authorizing the Mayor to execute Change Order #9 with F. Rizzo Construction Inc., for the Genesee Street Reconstruction Project, in the amount of $27,701.82, of which $9,000 is to be charged to Account #HG 8120-440-DV, $4,991.06 is to be charged to Account #HA 5110-440-BQ and $13,710.36 is to be charged to Account #HA 8110-440-CS. Motion to table by Councilor Jacobs and Dempsey.  VOTE – Mayor Lattimore, Councilors Jacobs, McNabb, Hunter and Dempsey – yes.  TABLED

Financial Resolution #8 of 2005 authorizing amending the 2004-2005 operating budgets of the General, Solid Waste, Water and Sewer Funds.  VOTE – Mayor Lattimore, Councilors Jacobs, McNabb, Hunter and Dempsey – yes.  CARRIED

Council Resolution #9 of 2005 authorizing the adoption of the Emergency Management Plan. VOTE – Mayor Lattimore, Councilors Jacobs, McNabb, Hunter and Dempsey – yes.  CARRIED

Agreement Resolution #10 of 2005 authorizing the Mayor to enter into an agreement with Herbert Lees Associates to provide delinquent account collection services. PULLED.

Change Order Resolution #11 of 2005 authorizing the Mayor to enter into Change Order #1 with Environmental Design & Research, P.C. for the State Street Mall Redevelopment Project.  VOTE – Mayor Lattimore, Councilors Jacobs, McNabb, Hunter and Dempsey – yes.  CARRIED

Council Resolution #12 of 2005 authorizing the Mayor to enter into a cooperative bidding agreement with Cayuga-Onondaga B.O.C.E.S. for paper and janitorial supplies.  VOTE – Mayor Lattimore, Councilors Jacobs, McNabb, Hunter and Dempsey – yes.  CARRIED

Council Resolution #13 of 2005 amending Article XIII of the Rules and Procedures for the City Council – Voting.  VOTE – Mayor Lattimore -no, Councilors Jacobs, McNabb, Hunter - yes and Dempsey – abstained.  CARRIED

Second Public to be Heard – None
Other Business
Councilor McNabb suggested that the City look into accepting payments with credit cards.

Mayor Lattimore asks Corporation Counsel Tom Leone questions regarding the confidentiality of Executive Session meetings and the need to do meeting minutes.

Mr. Leone responded by reading a copy of a letter he sent to the Mayor and copied to Council regarding penalties for individuals who disseminate information that is discussed in Executive Session.  It stated his opinion, that there are no legal penalties and/or sanctions that can be brought against individuals who disseminate Executive Session materials. Mr. Leone also stated that he contacted Robert Freeman, Director of the New York State Commission on Open Government regarding this issue and Mr. Freeman confirmed that there are no laws regarding penalties.  Mr. Leone also reported that there is no legal requirement to keep minutes unless Council takes official action.

The Clerk read the recap.

Council adjourned to executive session at 7:15PM, returning at 8:00PM.  

Meeting adjourned at 8:01PM.