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MINUTES OF THE ORGANIZATIONAL MEETING OF THE CITY COUNCIL

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MINUTES OF THE ORGANIZATIONAL MEETING OF THE CITY COUNCIL Powered By Docstoc
					MINUTES OF THE ORGANIZATIONAL MEETING OF THE CITY COUNCIL HELD MONDAY, JANUARY 7, 2002 AT CITY HALL

Present:

Mayor Ellen Polimeni, Councilmembers Michael Neiderbach, Valentine Fenti, Richard Russell, Lori Rivet, C. Marshall Seager, Sarah Hamlin, Keith Young, and Daniel Bray

Also Present: Corporation Counsel Scott Smith, City Manager Stephen C. Cole, ClerkTreasurer Laura K. Wharmby Mayor Polimeni called the meeting to order at 7:30 p.m. Items for Action: City Council Rules and Procedures Councilmember Fenti made a motion to delete Section 6, special committees from the rules and procedures, which states that the Mayor has the authority to appoint special committees. Councilmember Bray seconded the motion. Mayor Polimeni asked if he did not want the mayor to appoint special committees. She pointed out that she could appoint special committees under the City Charter as well. Councilmember Fenti said that was correct and that he thought that the people would better be represented if the entire Council approve of these special committees. Mayor Polimeni pointed out that she has always informed city residents when she is forming a special committee and has asked anyone who is interested in serving to please contact her. She further stated that she has always asked for input from the Councilmembers as well. She could not remember one special committee that she appointed where she had not done this. Councilmember Bray said that he agreed that if all Councilmembers appointed the committees, citizens would be represented better. There was a lengthy discussion about this. Corporation Counsel Scott Smith explained that the special committees have no power. Subcommittees of the City Council, such as the Finance Committee where the city budget passes through, have power. That’s the reason that the mayor has the right to appoint those committees. Things have to be read as a whole. Those are the committees through which legislation finds its way before the Council. Mr. Smith said that it is always a good idea to discuss these ideas to staff before they are introduced on the floor because they catch people flatfooted. Mr. Smith said that he did not bring his copy of the City Charter to this meeting because he was not expecting this. Mr. Smith also pointed out that there is nothing that prohibits anybody from creating any committee. Councilmembers can request special committees if they so choose. Mayor Polimeni, as a Councilmember, still had the right to appoint a special committee. Mr. Smith said that the charter is designed to make certain that the mayor will appoint committees that govern the workings of the City Council; Finance, Ordinance, Planning, and Environmental. Councilmember Fenti stated that the Charter states under paragraph 3.8 that the Mayor “shall appoint all committees of the City Council authorized by its rules to be appointed.” Thus by mentioning committees in the rules, the Council designated committee selection to the Mayor. The only way under the Charter for Council to reclaim its authority, to select committees, is to remove them from the rules. A roll call vote was then taken on the motion, which carried with 6 Councilmembers voting in favor of it and Councilmember Neiderbach, Hamlin and Mayor Polimeni apposing. Councilmember Seager made a motion that #5, Standing Committees, be changed to read Committees; that everything else remain the same except the note in #6, “the mayor and city

manager shall be members ex-officio of any and all appointed committees,” be moved up to #5. Councilmember Rivet seconded the motion, which was carried unanimously by roll call vote. Councilmember Bray discussed under section #4, I. Ordinances, it states that no ordinance shall pass Council on the same day that it is introduced except by unanimous consent of the Council. He pointed out almost the exact same language is in the Charter where it says no ordinance shall be passed at the same meeting which it is introduced except with unanimous consent of the Council. He asked if Section # I could be deleted since it is already in the Charter. Councilmember Bray moved to delete that section of the Rules and Procedures. Councilmember Neiderbach seconded the motion, which was carried unanimously by roll call vote. Councilmember Rivet discussed Section #8 regarding roll call vote, she would like to see a roll call vote to adjourn. Mayor Polimeni advised that people would have to stay for that adjournment and that they have not in the past. Councilmember Rivet moved that a roll call vote should be called on all motions or resolutions involving the expenditure of funds (money) and to adjourn. Councilmember Bray seconded the motion. Mayor Polimeni questioned how this would interact with Robert’s Rules of Order. She would like to see this because in the past there has been debate that has ended by adjourning and this would give people an opportunity to vote no and have it recorded as no. Mayor Polimeni pointed out that people have that opportunity even with a voice vote. Corporation Counsel Smith said that there is a provision that any member can call for a roll call vote. Also, the motion to adjourn under Robert’s is not debatable, it takes precedence over all other motions, but any member can call for a roll call vote. Councilmember Rivet withdrew her motion, and Councilmember Bray withdrew his second. Councilmember Bray discussed Section #8, stating it is very confusing. It states that any changes to these rules and procedures shall be proposed to the president of the City Council for his/her recommendations. Councilmember Bray pointed out that they are going over the rules right now, but don’t yet have a president. He felt that there is a need to be change this Councilmember Bray moved to modify Section #8 to read, “Any changes to these rules of order proposed after the organizational meeting has taken place, shall be proposed to the president of the City Council for study and recommendation to City Council”. That would leave a way to amend the rules during the year if they needed to and it would clarify this. Councilmember Fenti seconded the motion. Mayor Polimeni didn’t understand what this amendment would do. Corporation Counsel Smith pointed out that the whole provision was meaningless because a parliamentary body can’t by adopting a simple rule, tie its own hands. Councilmember Bray withdrew his motion and made another motion to delete Section #8. Councilmember Fenti seconded the motion, carried unanimously by roll call vote. Designation of Official Newspaper: Councilmember Seager moved that the Daily Messenger, and the Democrat & Chronicle be designated the official newspapers of the City of Canandaigua. Councilmember Neiderbach seconded the motion, carried unanimously by roll call vote.

Designation of Depository Banks: Councilmember Rivet moved to that the Canandaigua National Bank, the Bank of Geneva, MBIA, and Chase Manhatten be designated the official depository banks of the City of

Canandaigua. Councilmember Young seconded the motion, carried unanimously by roll call vote. Election of City Council President: Councilmember moved to nominate Lori Rivet for City Council President due to her number of years serving on Council. Councilmember Neiderbach seconded the motion, carried unanimously by roll call vote. Committees Mayor Polimeni advised that there was one vacancy on each of the Planning Commission and Zoning Board of Appeals. Several applicants for were present in the audience and spoke on behalf of themselves. Those who spoke were Stephen Poyzer, Michael Heagney, Donna Scott, and Carol Maue. Mayor Polimeni advised that William Woods had also applied for both the Planning Commission and Zoning Board, but was able to attend the meeting. Councilmember Hamlin moved to nominate Carol Maue to the Planning Commission. There was no second to the motion. Councilmember Seager moved to nominate Ed Perego to the Planning Commission. Councilmember Bray seconded the motion. Councilmember Russell moved to nominate Michael Heagney to the Planning Commission. Councilmember Fenti seconded the motion. Councilmember Neiderbach moved to nominate Stephen Siciliano to the Planning Commission. Councilmember Seager seconded the motion. Councilmember Seager moved to close the nominations. Councilmember Rivet seconded the motion, unanimously approved by Council. A roll call vote was taken on the nomination of Ed Perego and carried with 7 Councilmembers voting in favor and Councilmember Hamlin and Mayor Polimeni opposing. Councilmember Hamlin moved to nominate Donna Scott to the Zoning Board of Appeals. There was no second to the nomination. Councilmember Bray moved to nominate Michele Frasca to the Zoning Board of Appeals. Councilmember Fenti seconded the motion. Councilmember Rivet moved to close the nominations. Councilmembers Seager seconded the motion, unanimously approved by Council. A roll call vote was taken on the nomination of Michele Frasca and carried by roll call vote carried with 7 Councilmembers voting in favor and Councilmember Hamlin and Mayor Polimeni opposing. Mayor Polimeni thanked those who submitted resumes, and said that she would contact them in regards to other projects in the city. She assured that their names would be kept on file.

Appointment of Corporation Counsel: Councilmember Young moved to nominate Scott Smith as Corporation Counsel for the City of Canandaigua. Councilmember Hamlin seconded the motion.

Councilmember Seager moved to close the nominations, which was seconded by Councilmember River, and unanimously approved by Council. A roll call vote was taken on the nomination of Scott Smith as Corporation Counsel and carried unanimously. Appointment of Acting City Court Judge Councilmember Seager moved to appoint Jack Schuppenaur as Acting City Court Judge. Councilmember Rivet seconded the motion, carried unanimously by roll call vote. Appointment of City Historian Councilmember Seager moved to appoint Lynn Paulson as the City Historian. Councilmember Rivet seconded the motion, carried unanimously by roll call vote. Appointment of Committee Mayor Polimeni appointed the following committees: Environmental: Rich Russell, Chair Keith Young Val Fenti March Seager Finance: Marsh Seager, Chair Dan Bray Sarah Hamlin Keith Young Ordinance: Dan Bray, Chair Val Fenti Michael Neiderbach Lori Rivet Planning: Michael Neiderbach, Chair Lori Rivet Rich Russell Sarah Hamlin Establishing Time for Regularly Scheduled Meetings: Councilmember Seager moved to establish the 1st and 3rd Thursday of the month at 7:30 p.m. for regular meetings. Councilmember Hamlin seconded the motion, unanimously approved by Council. Miscellaneous: Councilmember Bray said that several people have asked him to put together a resolution thanking the Fratto family of Geneva for monuments that have been placed around the City. He would like to present this at the January 17th meeting. Councilmember Bray would like a plaque or a frame of some sort put together.

There was a discussion about presenting resolutions at Council meetings. The procedure has always been to present them to the City Manager and then they go through a committee before coming to Council. Councilmember Bray pointed out that it is always not possible to do that. Mayor Polimeni requested that all Councilmembers give some thought to this. The meeting was adjourned to go into executive session at 9:20 p.m. to discuss pending litigation and active litigation. Councilmember Seager moved to close the executive session at 10:43 p.m. Councilmember Bray seconded the motion, unanimously approved by Council. Councilmember Russell moved to adjourn at 10:44 p.m. Councilmember Rivet seconded the motion, unanimously approved by Council.

Laura Kay Wharmby, Clerk Treasurer cam


				
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