HomeMy WebLinkAboutMN-LEG-2009-02-23City of Ithaca
Legislative Committee
Minutes
Monday, February 23, 2009
Members Attending:
Staff Attending:
Members Absent:
1. Meeting Called to Order
Approved at the March 23, 2009 meeting
J.R. Clairborne, Chair
Mary Tomlan, Vice Chair
Jennifer Dotson
Maria Coles
Daniel L. Hoffman, City Attorney
Kathrin Gehring, Executive Assistant
Robin Korherr
Chair J.R. Clairborne called the meeting to order at 7:10 p.m.
2. Modifications to the Agenda: None
3. Public Comment: None
4. Privilege of the Floor
Coles expressed her pleasure at being on the committee with the other council members.
Clairborne stated he is also glad to be on the committee and expects there will be many lively
discussions.
5. Announcements from the Chair
a. Alternative Dates for May, December Meeting
Clairborne stated that an e -mail had been sent out to the members of the committee notifying
them that the fourth Mondays in May and December 2009 are not available for meetings due
to holidays. He suggested moving the committee meeting for both months to the third
Monday: May 18, 2009, and December 21, 2009. Coles, Tomlan and Hoffman agreed with the
change. Dotson will check her calendar.
b. Services for Peter Demotte and Ed Conley
Clairborne stated he had attended the services for Peter Demotte and was moved by the
amazing amount of people in attendance. Mr. Demotte was part of the St. Patrick's Four and
went to prison for standing up for a principle. Clairborne expressed his hope that Mr.
DeMott's family left the services with a sense of warmth.
Approved at the March 23, 2009 meeting
Clairborne went on to state that two weeks prior, services were held for former Mayor Ed
Conley. Clairborne explained that knowing the legend of the Commons and seeing the
Commons now is a remarkable change. The Commons was created by paving over a main
street, which took leadership and courage, and Ed Conley provided that.
Clairborne explained that he wanted to call attention to Mr. DeMott and Mr. Conley's passing
and to note that there are people that have had significant impacts on our city and requested a
moment of silence in recognition.
6. Introduction of Committee and Purpose
a. Overview
Clairborne stated that this new committee will be reviewing new contacts (i.e. Hangar Theatre
Lease Agreement, Town and City Fire Contract, 911 Memo of Understanding), looking at the
City Charter revisions, the Outdoor Smoking Ban, and making updates and revisions to the
City Code. The committee will look to Hoffman for information on a regular basis. City
departments that will report to the Legislative Committee include the City Attorney, City
Clerk and Mayor's Office.
Hoffman stated that the Mayor explained a former committee like this (Charter and Ordinance
Committee) was very effective and became an expert at drafting, revising, and proposing
legislation. It is anticipated that an area of the charter or code will be identified that needs
revision of legislation. The first meeting of the committee will be to discuss the revision and
the resolution will be voted on at a second meeting. Stakeholders will be invited for
discussions and to get information.
Hoffman explained that a thought to keep in mind when drafting legislation is that clarity in
language and concept is important. People will look back at the legislation to figure out what
was meant. Discussion followed regarding whether the excavation on steep slopes (i.e. West
Hill) would go through the Legislative Committee or remain with the Planning & Economic
Development Committee. Hoffman stated that those types of issues would remain with the
Planning & Economic Development Committee, but in some instances, issues may be brought
before both committees. Coles expressed her concern about the excavation issues that
occurred on the West Hill and feels strongly that changes in the ordinance are necessary.
Clairborne mentioned that the committee might have double duty. The Legislative Committee
will review and approve contracts, except labor contracts, which remain with City
Administration Committee. There may be aspects of those contracts that may need to be
reviewed by Legislative Committee. Clairborne stated the committee should be mindful that
they do not drag down the system and become a bog. The committee members may need to
work quicker than usual or determine realistic tasks that can be completed within a timeline.
Coles requested material that the members could read in preparation for becoming more
knowledgeable in drafting legislation.
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Approved at the March 23, 2009 meeting
b. Laws, Ordinances, and Resolutions Workshop - announcements /scheduling
Clairborne stated that Assistant City Attorney Khandikile Sokoni suggested the committee
take this workshop with her so the members can be informed and become specialists in
drafting legislation. The suggestion is one three -hour session or two two -hour sessions.
Clairborne asked the committee for available dates to schedule the workshop.
Coles asked that Sokoni provide material prior to the workshop that members could read in
preparation. Clairborne agreed to make that request.
C. Subcommittee Selections
Clairborne explained that this committee is inheriting a couple of subcommittees and he
would like to form several subcommittees.
• The Hangar Theatre Lease Negotiations Subcommittee will be attended by Coles, who
had previously volunteered to participate.
• Clairborne stated that at the Tabletop Training Exercise, sponsored by the Tompkins
County Management Planning Committee, was found that both the City's Emergency
Management Plan and the provisions written into the City Code are in need of updates.
The revisions to the Emergency Management Plan will be in conjunction with the
Neighborhood & Public Safety Committee. Clairborne will be a liaison between the
Neighborhood & Public Safety Committee and the Legislative Committee, but asked for
a second member to assist. Members agreed to volunteer Korherr as she has previously
expressed an interest in emergency management.
• Clairborne stated that a subcommittee is necessary to determine revisions to the City
Charter. A previous subcommittee met with the Mayor and the City Attorney and went
through the charter line by line. The subcommittee that will be formed will also look
through the charter for updates as well as look at the "big picture' of what is relevant or
not. This subcommittee will look to the City Attorney for guidance and information.
Coles stated that she would like to volunteer on a limited basis. Tomlan stated that if
Coles cannot commit to the subcommittee, she will step in.
• Clairborne stated that the Outdoor Smoking Ban subcommittee is in need of
representation. Currently, the subcommittee is looking to get information from judges
and the City Prosecutor. Clairborne will get an update from the subcommittee's chair,
Eric Rosario. A representative in this subcommittee will be determined at a later date,
after more information is obtained.
• Clairborne stated that a Taxi Subcommittee is currently meeting with staff that
discusses issues specifically relating to taxis, i.e. fluctuating prices to accommodate
changing oil prices. He continued to explain that a Traffic Subcommittee of the
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Approved at the March 23, 2009 meeting
Legislative Committee will discuss a broader scope, including transportation issues.
Dotson volunteered to attend.
7. New Business:
a. Proposed Revision of City Code Chapter 170 (now "Encroachments ")
Hoffman explained that the issue was brought to his attention when the state auditors
expressed concern that the city was not getting fair market value for the lease or sale of city
land. The Encroachments Ordinance handles requests for the extension of use onto city land
by an adjacent property owner. Encroachment requests are being brought to the city more
often due to more specific surveying equipment and lenders are being very particular in
making sure there is authorization for the encroachment. The subcommittee that was created
to review the Encroachments Ordinance wants to broaden the scope to include the Use of City
Land in general (i.e. Outdoor dining, floating docks attached to city land, Farmer's Market site,
Southside Community Center, Hangar Theatre, etc.). Some of the agreements are very old and
need updated documents. The mechanisms used to determine costs paid by the users were
not consistent and did not give the City market value in most cases.
The proposed revisions to Chapter 170 are extensive. Hoffman explained the most significant
changes that were highlighted in the document.
Discussion followed regarding appeals to permit requests that are denied by staff. Hoffman
outlined each section and subsection of the proposed code to explain the appeal process. He
went on to suggest that specific dollar amounts are not written into the code as it may cause
issues in the future. All members agreed. The members also agreed that requests for Mobile
Vending and Outdoor Dining outside the Commons should lie with the Superintendent of
Public Works, not the Police Department.
Hoffman agreed with Dotson s suggestion that committee members become more familiar
with Chapters 155, 232, 285, and 342 of the City Code so the members know how they interact
and reference each other. Hoffman stated that members should also become familiar with the
proposed legislation. Any questions should be provided to the Attorney's Office prior to the
next committee meeting. Dotson stated that the Commons Advisory Board should provide
their recommendation to the committee. All members agreed.
8. Adjournment
On a motion by Coles; seconded by Dotson, the committee voted unanimously (4 -0) to adjourn
the meeting at 9:05 p.m.
Kathy Gehring
Executive Assistant
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J.R. Clairborne
Chair