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HomeMy WebLinkAboutagenda.council.worksession.20110131 MEMORANDUM TO: Mayor and City Council FROM: Nancy Lesley, Director of Special Events and Marketing THRU: Jeff Woods, Manager, Parks and Recreation DATE OF MEMO: January 28, 2011 MEETING DATE: January 31, 2011 RE: Outdoor Concerts/Music Festival REQUEST OF COUNCIL: Staff is requesting direction on an outdoor music festival that is being proposed by Michael Goldberg and C3Presents to be held in either Wagner Park or Rio Grande Park on either the second or third weekend in July 2011. PREVIOUS COUNCIL ACTION: On April 21 s `, 2009 Council approved an outdoor concert also proposed by Michael Goldberg in Rio Grande Park, which never came to fruition. More recently, Council approved a multi day music festival in Wagner Park for the Aspen Skiing Company which was to have been held this March. DISCUSSION: Michael Goldberg, owner of the Belly Up, and his partner, C3Presents are well versed in the concert business. C3Presents is the name behind Lollapalooza and Austin City Limits to name a few. They are proposing to bring nationally recognized names to the Aspen community, which will put heads in beds, people in restaurants and make a positive impact on sales tax revenue. The longer term goal of Michael and C3P is to create a nationally recognized music festival that has a permanent place on the calendar. The initial plan is to have music from 2:OOpm until 10:OOpm each day of the festival. The Special Events Committee met with Michael Goldberg on January 27 for a preliminary look at his request. Staff from affected departments including Parks, Police, Fire, Transportation, Parking, Special Events and Building unanimously agreed, with the exception of the Wheeler Opera House, that if Council supported this event, the concert could be held during this time at either Wagner Park or Rio Grande Park with minimal impact to City operations. The group identified three issues to further discuss with Council: Impacts to the Wheeler Opera House or Theatre Aspen Page 1 of 2 Continuing a watering schedule in the parks Impacts to the Business Community Noise variance for the event going after 9pm. Impacts to the Wheeler Opera House or Theatre Aspen The Wheeler Opera House is leased out to the Aspen Music Festival and School during this time of the summer. Their schedule has already been created and doesn't leave any room for flexibility. The concert promoter is in discussions with them to see if there is a "window of opportunity" to adjust the schedule of either the festival and /or the Aspen Music School operations. Theatre Aspen has scheduled its opening weekend that weekend and feels any disruptions would significantly impact their operations. Continuing a watering schedule in the parks The Parks Department supports this event and is willing to work with Michael and C3P to create a way in which to water, but the parks can only go without water for two days during July. If the event is to take place in Wagner Park, the Parks Department would require flooring. If the event were to take place in Rio Grande Park no flooring would be required. Impacts to the Business Community This was a point that was raised regarding positive and negative impacts to the business community. This needs to be more fully explored. Noise Variance for an event past 9pm The concert promoter would be coming to Council asking for a variance to the Noise Ordinance. FINANCIALIBUDGET IMPACTS: There will be costs to the City budget, like overtime for the Police and Community Safety and Parks Department. The transportation department will possibly incur additional costs related to adding more transit services. These costs could be passed to the event if Council supports that direction. There is also the possibility of impacts to the Wheeler or Theatre Aspen. There is also the potential for positive financial impacts with increased visitors and sales tax. According to Bill Tomich of Stay Aspen Snowmass, there is additional occupancy available for the period being proposed by the concert promoter. He felt that this music festival would help fill these open rooms. ENVIRONMENTAL IMPACTS: The environmental health department asked that the concert promoter make it a ZG Green event, which was agreed to. Page 2 of 2 MEMORANDUM TO: Mayor and City Council FROM: Ashley Cantrell, Environmental Health Department THRU: Lee Cassin, Environmental Health Director of C s e Ca' yy•-- DATE OF MEMO: January 28, 2011 MEETING DATE: January 31, 2011 RE: Single Use, Disposable Bags REQUEST OF COUNCIL: Staff requests Council's direction about which approach the City should take to reduce the use of single -use, disposable bags in Aspen. PREVIOUS COUNCIL ACTION: Staff presented a complete report on bags to City Council in February of 2009, with support from the Community Office for Resource Efficiency (CORE). The presentation included information on the pros and cons of plastic and paper bags and the resource use of each type of bag. CORE provided an explanation of the different approaches Aspen could take to address single use bags in Aspen, recommending that Aspen pass a fee on both plastic and paper bags. Council members were generally supportive of a bag fee, but requested that staff consult with all affected community members and ACRA prior to drafting an ordinance. DISCUSSION: Over the last two years, City of Aspen and CORE staff have organized a number of outreach campaigns that aimed to reduce disposable bag use, including participating in the CAST Reusable Bag Challenge, partnering with the Aspen High School Earth Club to create reusable bags and place them in local hotels, and distributing free reusable bags at grocery stores. During a three -month competition in 2008, Aspen and Telluride eliminated more than 140,000 plastic shopping bags from the environment. CORE has also continued to receive inquiries about bag reduction programs from area `green teams' and citizens. More recently, City of Aspen staff met with representatives from Snowmass, Basalt and Carbondale to discuss the topic further and see if there are opportunities for collaboration. Each town present expressed interest in passing an ordinance that charges a fee on all disposable bags. Representatives agreed that a collaborative approach, where all towns pass a similar or identical ordinance, would be very beneficial for regional consistency. For this reason, staff has come to 1 Council today to see if City Council wants staff to draft an ordinance that addresses single -use, disposable bags. Paper or Plastic: Although plastic bags are traditionally targeted in the media, both plastic and paper bags are resource intensive, single -use items, and that argues for addressing both types of bags. Specific information on the resource consumption of each type of bag is available in Attachment A. As described in this attachment, the production of both paper and plastic bags puts considerable strain on our planet's natural resources due to production, extremely high volumes of consumption and inadequate waste management. In addition, targeting only one type of disposable bag may increase the chances of legal challenge and significant opposition funding. Options for City action: Below is an explanation of different options available to City Council to address disposable bag use. It is suggested that any action begin with a substantial education/public awareness component. Staff requests direction from City Council on which of these approaches if any, we should bring back to council in ordinance form. Option 1 - Fee on all Disposable, Single -Use Shopping Bags Recognizing that both plastic and paper shopping bags are unsustainable, the City can mandate that both types of bags be subject to a fee. Customers would be charged a $0.05 to $0.10 fee for every disposable bag, paper or plastic, used at checkout. Fees would be itemized on the customer's receipt. Revenue from the fee would be collected in a special fund by the city, not the general fund. This money could be used only to fund waste reduction programs in Aspen. In addition, the money could be used to cover any training or set -up costs incurred by the participating retail stores and to provide free reusable bags to locals and visitors, with special cooperation with property management companies and hotels. This approach not only reduces paper and plastic bag use in Aspen, but also provides a funding source that can be used to provide resources to the community to eliminate any burden caused by the fee. This will make it easier for citizens and visitors to have easy alternatives to disposable bags. Supplying free reusable bags, signs, staff training and other community outreach will be costly to the City and tax payers. Collecting a fee for each bag allows Aspen to incentivize shoppers to make the right choice for the environment, while at the same time, ensuring funding for programs that minimize disposable bag use. City Council is aware that recycling, compost and waste reduction programs are costly and disposable items like paper and plastic bags are part of those programs. A fee on disposable bags gives the public a choice while at the same time, allowing the City to provide alternatives to residents and visitors. 2 Key issues to be addressed under this approach are 1) the size of the fee, 2) whether it should apply to all retailers (as recommended by the regional group) or lust retailers using the highest volume of disposable bags, and 3) how much the city wants to ease the transition by providing training, signs, and reusable bags. Option la - Apply a fee to all paper and plastic shopping bags at retail stores. Although the majority of paper and plastic bags are used at grocery stores, retail stores throughout Aspen give away free disposable bags every day. These bags are disposable and intended for single use. The type of heavy plastic bag that is associated with high -end retail stores is not recyclable. Nor is the glossy, wax- coated paper bag that is also typical at clothing stores. In comparison, both the paper and plastic bags distributed at grocery stores are recyclable. It could be said that the non - recyclable bags given out at retail stores are equally or possibly more impactful on the environment than the simpler versions from grocers. For this reason, Council could consider a fee on all bags in Aspen, as recommended by the regional group discussed above. By encompassing all businesses in a bag ordinance, the City avoids singling out one type of business or one sector of the economy. If Council chooses this option, staff recommends allowing stores that bring in less than $50 or $100 annually to keep the fees. Allowing these stores to keep the money earned would keep administrative costs low for the retailers and the City. (This is modeled on Washington DC's successful bag reduction program.) Option lb - Apply the fee only to those stores that giveaway the highest quantities of paper and plastic bags yearly. A large majority of the paper and plastic bags that are distributed in Aspen come from grocery stores. City Council can choose to require that only stores that distribute more than a high threshold of bags per year, charge a fee for disposable bags. Local shoppers are becoming more accustomed to bringing reusable bags to grocery stores, so a fee ordinance would only encourage the continuation of this behavior. Focusing only on specific stores makes the outreach and education process more focused. Conversely, a program of this nature would have a more limited impact than a retail wide ordinance. A fee, as opposed to a ban, gives customers some choice, so that if they occasionally forget their reusable bags, they have greater ability to make choices. For that reason, a fee might be more acceptable to citizens. Option 2 - Ban on all Single -Use Shopping Bags (instead of a fee) A ban on all single -use shopping bags would be comprehensive legislation action, more effectively meeting the goal of eliminating plastic and paper bags from Aspen. Under a ban, customers would be responsible for bringing their own bags, as no paper or plastic bags would be 3 available for free or for purchase. A ban could also be done with two different approaches: there could be a community -wide ban for all retailers, or a ban could apply just to those retailers who distribute tens of thousands of bags per year. A ban on bags would be the quickest and most effective way to eliminate disposable bags. However, there would still be costs associated with this program for the City, businesses and shoppers. Aspen's visitor population would be most affected by a ban on single -use shopping bags, possibly creating more waste. Visitors would have to get new reusable bags each time they vacationed in Aspen. The bags could go to the landfill after their departure, thus creating more waste and using more resources than the traditional plastic bag. To avoid that, the city could work with lodges and hotels to reuse those bags. The City could work with hotels, property managers and the community to give away reusable bags at many locations, but it would be a challenge to reach all the affected people. A ban, rather than a fee, would be more acceptable to those residents who want faster action in eliminating disposable bag use. A note on biodegradable bags It should be noted that biodegradable bags are not currently a recommended alternative for paper or plastic bags for a variety of reasons. - Most biodegradable products are made from food crops. Producing a disposable item from edible materials may increase food costs. The American corn industry (a common feedstock for biodegradable items) relies on petroleum to plant, harvest and fertilize its crops, making the manufacturing process for biodegradable bags energy intensive. - Biodegradable bags will not break down in a backyard compost pile, nor can they be recycled. These bags must be composted in a commercial composting facility or thrown away. Aspen does not currently have a compost facility capable of processing large amounts of compostable bags, nor has it been seen in other towns that these bags will truly breakdown and add nutrients to a compost mixture. - If biodegradable bags were able to break down in the Pitkin County Landfill, the City would need to invest in the staff and infrastructure to properly sort the biodegradable bags from the rest of the trash and transport them to the Pitkin County Landfill for processing. It is challenging for most people to tell the difference between a regular plastic bag and a biodegradable bag. Stakeholders: ACRA- City staff members have met with representatives from the Aspen Chamber Resort Association. ACRA representatives felt that an ordinance addressing disposable bags 4 would be generally supported by the local community. ACRA encouraged the City to make extra efforts to limit the financial burden on visitors. It would be necessary to work with property management companies to provide free bags and education to long -term visitors. If City Council chooses to enact an ordinance that encompasses the complete retail community, ACRA foresees more community push back, as many stores use their bags as a marketing mechanism. Grocers - City staff met with managers and owners from both local grocery stores, Clark's Market and City Market. Both grocers said they would support City action to reduce the use of disposable bags in Aspen. They argue that the enthusiasm for reusable bags does not last for extended periods of time without goverrunent support. They also want to be able to tell their customers that they are acting as required by a city ordinance. Grocers requested that if the City passes an ordinance that will require new equipment or staff training on the part of the grocery stores, that the City help the grocers cover those costs. Retail Community — City staff spoke with several local retail stores. Here are their thoughts: o I support a fee, not a ban. It's important for customers to have choices. It would be best to start with the grocery stores and then possibly phase it into the retail sector once we have learned from that experience. The small burden it would be on a retail store is worth it if it means we are doing the right thing for the environment. A $0.05 or $0.10 fee seems reasonable because it gives people the choice to have a bag and isn't cost prohibitive. o A fee would hurt locals and just looks like the government is trying to get more money out of people. Other places have been successful banning bags. Instead of a fee, you should be able to purchase a reusable bag. As a merchant, the only issue is when it's snowing and people need a bag to protect items. Huge change over the last few years with customers changing their habits. o Our bags are already as green as you can get. I'm all for helping the environment out. We will do what makes since, as long as it is competitive and across the board. We already ask guests if they want a bag. Most costumers are already changing their habits. Other Cities and Towns: Attachment B details efforts by other cities, towns and countries to address this issue. FINANCIALBUDGET IMPACTS: Disposable Bag Fee: A bag fee would generate revenue that could be used to supply free reusable bags to shoppers, cover initial set -up and training costs of local businesses, and fund community waste reduction programs. There would be administrative costs once or twice yearly to collect the fees from businesses and audit for compliance. There would be minimal cost to consumers (who are already paying the costs of disposable bags, lumped into the cost of their purchases). Grocers are already accustomed to providing refunds for 5 customers who bring their own bags. There would be some people who object to any regulations, but awareness about and support for this issue has increased in recent years. Disposable Bag Ban: A ban on bags would not cost the City any funds to implement, with the exception of community outreach materials. However, it would be necessary to help shoppers by giving away free reusable bags, which the City would need to fund. With both approaches, waste disposal costs will decrease, as the amount of disposable bags in Aspen will be fewer, thus requiring fewer recycling and collection services. ENVIRONMENTAL IMPACTS: The environmental impacts of both paper and plastic bags are widespread and affect numerous areas. In particular, the industry has adverse effects on human health, climate change, resource consumption, terrestrial and marine ecosystems, and solid waste management. Both the plastic and paper bag industries are resource intensive from start to finish. Aside from actual raw materials manufactured, both types of bags require significant amounts of resources such as fossil fuels and water to transport, generate, and process materials. Recycling of the bags is also highly energy intensive. Refer to Attachment A for a detailed environmental analysis of each type of bag. RECOMMENDED ACTION: Aspen considers itself an environmental leader, and this topic presents an opportunity for Aspen to continue to take a progressive stance on environmental issues. Although bag use is one of many pressing environmental issues facing Council, it presents an easy and tangible opportunity to address community wide sustainability. Other towns in the Roaring Fork Valley are currently considering similar legislation. Moreover, cities and countries across the globe have implemented legislation aimed at reducing bag consumption and associated waste. Staff recommends that Aspen City Council move towards passing an ordinance that puts a fee on paper and plastic bags. A fee, instead of a ban, is supported by other towns, allowing all towns to pass similar or identical ordinances this year. Staff asks Council for direction about which path to take so staff can most effectively use available time to draft ordinance language, work with retailers, and increase education efforts. ALTERNATIVES: Aspen City Council can choose to maintain the status quo, with free paper and plastic bags available in retail establishments. However, should Aspen choose to follow a business -as -usual path, the City will not be relieved of any costs associated with the transport and clean up of littered bags and/or the environmental implications associated with their use and disposal. CITY MANAGER COMMENTS: ATTACHMENTS: Attachment A: Comparison Chart of Paper and Plastic Attachment B: Other City and Country Examples 6 Attachment A Paper or Plastic? PAPER PLASTIC Consumption Americans consume more than 10 The U.S. uses 100 billion plastic bags billion paper bags /yr. annually. Production 2,511 BTU's of energy for one paper 594 BTU "s of energy for one plastic bag. Transportation, processing, bag. Refining, heating, forming and cleaning, packaging and shipping of transporting plastic resin, a by- paper from trees. product of oil refining. Pollution Air and water pollutants are associated with both types of bags. Both bags are responsible for polluting our cities, towns and waterways. Recycling 1,444 BTU's of energy to recycle one 17 BTU's of energy to recycle one pound of paper. Ten to fifteen pound of plastic. Only 1 -3% of all percent of paper bags are recycled plastic bags are actually recycled. by consumers. A complete report follows. I ' ,/ I • "(V f MORE THAN MEETS THE EYE .. An occasional feature that digs deeper into things you've been iwndering about Paper or Plas c? e hear the question almost every time we go grocery shopping. Some shoppers answer automatically. plastic — convinced that they are making a better choice for the environment. Others ask for paper, believing the very same thing. The reality is that both paper and plastic bags gobble up natural resources and cause significant pollution. When you weigh all the costs to the environment, you might . just choose to reuse: PAPER rum A mericans consume more than Four out of eve grocery bags Worldwide, an estimated 4 billion CONSUMPTION in this country are plastic. plastic bags end up as litter each 10 billion paper bags each year. The U.S. uses 100 billion plastic p Some 14 million trees are cut year. Tied end to end. the bags down annually for paper bag bags annually, made from an could circle the Earth 63 titnes. production. estimated 12 million barrels of oil. . 44 x 63 Paper, of course, comes Plastic is a by- product of oil Pellet PRODUCTION from trees. Trees are grown or It takes more than four times as ref ining. Pl astic bags ar made - , (Appro.. 9 sue) found, then marked and felled. much enew to manufacture a from polyethylene, which comes paper bag as it does a plastic bag. from oil refineries as small resin L Logs are moved from the pellets. 0 forest to a mill, where there is a Energy to produce bags: three -year wait for the logs to dry 1. A machine heats the pellet to before they can be used. Plastic 11E594 BTUS' about 340 degrees and pulls out • from it a long. thin tube of __ _ 0 2 L ogs are stripped of bark and Paper 2 ,511 B TUs cooling plastic. chipped into one -inch squares. The chips are "cooked" with 2. A hot bar is dropped on the © \ ��{� , tremendous heat and pressure. 7 in l0A mericans do not tube at Intervals, molting a lino. know that plastic is made 3. Then, they are "digested" with from petroleum products. 3. Each melted line becomes the , limestone and sulfurous acid until primarily oil, according to a bottom of one bag and the top of the wood becomes pulp. recent nationwide online survey. another. 0 4. The pulp is washed, requiring 4 The sections are cut out and a thousands of gallons of fresh WSW'S hole for the bag's handles is water and bleach, then pressed stamped in each piece. into finished paper. - -- • ITU= 9Rk►th.mel unx 5. Cutting, printing. packaging and shipping to make paper bags require additional time, labor and o •0 01 " � energy. 1 0 713\ I 0 ..,(7 1 ', L_ POLLUTION The use of toxic chemicals Plastics production requires toxic during the production of paper The production of paper bags chemicals. In an EPA ranking of for bags contributes to air generates 70 percent more al and chemicals that generate the most pollution, such as acid rain, 50 times more water pollutants hazardous waste, five of the top and water pollution. than production of plastic bags. six were commonly used by the Air pollutants plastics industry. Plastic - Hundreds of thousands of marine ma mmals die every year after Paper ea ting d isc arded p lastic bags. Water pollutants T urtles th the bags are jellyfish, their primary food Plastic I source. Bags choke animals or block their intestines. Pape RECYCLING Paper must be returned to pulp Recycling almost any kind of by using many chemicals to It takes 98% Iess energy to plastic involves remelting and bleach and disperse the fibers. recycle a pound of plastic than it re- forming it. Because bags Although paper bags have a takes to recycle a pound of paper. must first be separated by the higher recycling rate than type of plastic they were made plastic. each new paper Energy used to recycle bags: from, the process is grocery bag you use is made Plastic 1 17 BTUs time - consuming and expensive. from mostly virgin pulp for For example, it can cost $4,000 better strength and elasticity. Pa 1 �TUS to process and recycle 1 ton of Bags that are recycled are But recycling rates of both types plastic bags. This can then be often turned into corrugated of bags are extremely low. sold on the commodities market cardboard, not new paper Percentage of bags recycled: for about $32. More often than bags. not, bags collected for recycling 1-3% 10.15% never get recycled. A growing i IF trend is to ship them to countries such as India and Plastic Paper China, where they are cheaply incinerated under more lax environmental laws. BIODEGRADABLE? Paper is degradable, but it cannot Even though petroleum -based Petroleum -based plastics are completely break down in modern not biodegradable, meaning plastic will never biodegrade, th will not decompose over landfills because of the lade of nearly 4 in 10 believe plastic water, light, oxygen and other time. But they do take up less necessary elements. About 95 will biodegrade underground space than paper in a landfill: percent of garbage is buried in IandfiNs or in the ocean. 2 plastic bags weigh 30 beneath layers of soil that make it pounds; 2.000 paper bags reach difficult for air and sunlight to ff Wn e e e e ' weigh 280 pounds. reach it. SOURCES. American Chemistry Council. American Forest and Paper Association. "Comparison of the Effects on the Environment of Polyethylene and Paper Carrier Bags." Federal Office of the Environment, August 1988: Institute for Lifecycle Environmental Assessment: Paper Industry Association Council: "Resources and Environmental Profile Analysis of Polyethlyene and Unbleached Paper Grocery Sacks." Franklin Group. 1990. Reusablebags com: Society of Plastics Industry: U.S. Environmental P 'ection Agenci. .. oridwatch it '=c . HIT. Fre! r? Maloney and Laura Stanton - The Washington Post © 2007 The Washington Post Company 1 4- 1 j Attachment B Sample of Bag Ordinances Jurisdiction Date What is regulated? Who is affected? Funding use Results Washington D.0 Anacostia River Ban on non - recyclable All retail Broad spectrum of 50% to 60% Clean Up and plastic bags. 5 cent establishments. environmental reduction in single - Protection Act - fee on all paper (min. Exemptions for programs: public use plastic bag Effective 1 /1 /10 40% post- consumer certain types of education, distribution consumption recycled content) and vendor products. of reusable bags, within 1st 9 100% recyclable equipment purchase, months. plastic disposable community clean up, bags. program administration. Telluride Waste Town -wide ban on All vendors affected 5 cents goes to local Just initiated. Reduction and plastic bags. 10 cent by plastic bag ban. gov't. 5 cents stays Reusable Carry- fee on paper bags for Only grocers with the merchant, Out Bag grocers only. affected by 10 -cent funds education Program - fee on paper bags. campaign, distribution Effective 1/1/11 Similar exemptions of reusable bags and for Grocers, to DC program, as community clean ups. Effective 3/1/11 well. for all other Retailers. San Francisco Plastic Bag Ban on non- All stores. No revenue generated. Proposal currently Reduction compostable plastic being considered Ordinance - bags. Recyclable to institute 10- Effective paper bags, cent fee on 4/20/07 compostable plastic allowed single -use bags allowed only. checkout bags. Ireland PlasTax - Plastic 33 -cent (US) fee on All merchants. Green fund for 90% reduction in Bag Levy - plastic bags, nation- environmental disposable bag Effective March wide. Raised from 15 initiatives. use form 1.2 2002. cents when initially billion to 230 adopted. million. $9.6m raised in first year. SPECIAL MEETING CALLED FOR EXECUTIVE SESSION Date January 31, 2011 Call to order at: / m. I. Councilmembers present: Councilmembers not present: ick Ireland ❑ Mick Ireland :� teve Skadron ❑ Steve Skadron • Dwayne Romero n Dwayne Romero r orre n Torre Oil Derek Johnson ❑ Derek Johnson t izA kern 11. Motion to go into executive session by � ; seconded byv Other�pers�o�nspresen L U, _ 1okn Wr 4 4- v. - c7i`c� kW./ Cs� 1 h rjO -lirti OVCO Ir I `i"N n P A INST: G VI vi s L 0- FOR: M.Mick Ireland n Mick Ireland ►: Steve Skadron n Steve Skadron M. Dwayne Romero ❑ Dwayne Romero ®,Torre n Torre v t Derek Johnson n Derek Johnson 111. MOTION TO CONVENE EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSION OF: C.R.s. 24 t-te-- r.44- C r u ,,t ik all G,.M he purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest (b Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal ques ons. (c) Matters required to be kept confidential by federal or state law or rules and regulations. (d) Specialized details of security arrangements or investigations, including defenses against terrorism, both domestic and foreign, and including where disclosure of the matters discussed might reveal information that could be used for the purpose of committing, or avoiding prosecution for, a violation of the law; e) etermining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; an structing negotiators; (f) (I) Personnel matters except if the employee who is the subject of the session has requested an open meeting, or if the personnel matter involves more than one employee, all of the employees have requested an open meeting. IV. ATTESTATION: The undersigned attorney, representing the Council and being present at the executive session, attests that the subject of the unrecorded portions of the session constituted confidential attorney - client c• i ation: 'Y / "► The undersigned chair of the executive session attests that the discussions in this executiv .ession were limit to the topic(s) described in Section III, above. % 11I/Dn U (elm our EXec 14 . /l�/ �GZI NNn', Nrri r 40 O Adjourned at: -J