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HomeMy WebLinkAboutMN-LEG-2009-04-27APPROVED BY THE LEGISLATIVE COMMITTEE ON MAY 18, 2009 LEGISLATIVE COMMITTEE MEETING MINUTES Regular Meeting 7:00 p.m. April 27, 2009 PRESENT: Mayor Carolyn Peterson (absent) Alderpersons (5) J.R. Clairborne, Chair; Mary Tomlan Vice Chair; Maria Coles; Jennifer Dotson; Robin Korherr OTHERS PRESENT: Julie Conley Holcomb - City Clerk Dan Hoffman - City Attorney Donna Este - Green, Assistant City Attorney (Bicycle Registration legislation) Ryan Mayo, Police Officer (Bicycle Registration legislation) Jennifer Gluck -Handy, Youth Bureau (for Youth Council) Jody Andrew - Exec. Assistant MEETING CALLED TO ORDER Chair Clairborne called the meeting to order at 7:11 p.m. MODIFICATIONS TO THE AGENDA: Chair Clairborne recommended moving Item a: Youth Council Ordinance revision under New Business and Item b: Proposed legislation, re: Use of city Land under Old Business to become Items 7c and 7d under Report and Updates. PUBLIC COMMENT: Ted Schiele, 743 Cobb St, Groton, wanted to formally acknowledge the Common Council's role in the Public Health Excellence Award presented jointly to the City of Ithaca, Tompkins County Health Department and Tobacco -Free Tompkins by the New York State Health Commissioner on April 6, 2009 for "collaborative efforts to protect New Yorker's against exposure to second- hand smoke." He gave Chair Clairborne a packet including a picture of everybody accepting the award. ANNOUNCEMENTS FROM THE CHAIR: Chair Clairborne informed the committee members that the order of the items listed are not according to priority but to reflect future agenda items. Coles suggested another important item to add to the list would be to create legislation regarding construction on slopes, especially on West Hill, and the importance of maintaining and protecting the natural environment, protection of streams, ravines, etc. Chair Clairborne reminded members that two upcoming meetings will be affected by holidays: The May meeting will be held on Monday, May 18, 2009 and the December meeting will be held on December 21, 2009. Chair Clairborne informed members that they had received an email regarding two tentative dates for the Laws, Ordinances, and Resolutions Workshop. It was noted that one potential date, May 28th is the date of the Ithaca Festival parade. Committee members will contact the Chair or Jody Andrew regarding their availability on the other possible date of June 2nd APPROVED BY THE LEGISLATIVE COMMITTEE ON MAY 18, 2009 APPROVAL OF MINUTES: The minutes of the March 23, 2009 Legislative Committee Meeting were approved with noted corrections. Reports, Updates Hangar Theatre Lease Negotiations Hoffman reported that the negotiations are ongoing. The agreement may be brought to this committee next month for recommendation to Council. Youth Council Ordinance revision In Chapter 120, subsection 120 -3 of the Code, it should state that the Youth Council will consist of 5 members, not 10 as currently stated. When developing the ordinance for Youth Council, they started out with 14 members. According to state law, you cannot have voting members under age 16 sitting on a board so it was amended to have 10 voting members and 4 associates which would allow underclassmen to become members. Hoffman informed the committee that there are residency requirements (Chapter 103) established in the Code for Boards, Committees and Commissions stating "... at least 2/3 of the voting membership of each City Board, Commission and Committee shall consist of residents of the City of Ithaca." His suggestion would be to add language to Chapter 120 -3b to address the inconsistency between it and Chapter 103. Korherr questioned if they would need to stipulate that one of the parents or guardians of the member would have to reside in the City? Hoffman responded that the City code does not address this. The Committee would have to decide if in order to satisfy this requirement the child would have to have both parents in the City or is one enough? Korherr felt it seemed logical that if one parent lived within the City that was enough. The focus is to get the motivated and interested youth involved. On a motion by Coles, seconded by Tomlan, to enact this ordinance with noted changes as read by Hoffman was passed unanimously. Jen Gluck Handy stated that they have been meeting for about one month. They have selected officers and are working on the bylaws. They are interested in getting information from the community and are developing a survey about needs, issues and how to best communicate activities or events. The first meeting is on May 7th and they encourage the community to attend. Old Business Proposed legislation, re: Use of City Land Hoffman went through the proposed changes and there was much discussion. Clairborne asked if members felt comfortable voting on the legislation with these changes and there were no objections. Hoffman asked the committee if they want any language that precedes this and would give the back ground information. Hoffman will draft same for review. APPROVED BY THE LEGISLATIVE COMMITTEE ON MAY 18, 2009 On a motion by Korherr, seconded by Coles, passed unanimously to enact this ordinance with noted changes. Proposed legislation, re: Bicycle Registration Donna Este - Green, Assistant City Attorney, and Ryan Mayo, Police Officer were in attendance to discuss this proposed legislation. The Chair stated that it had been proposed at the last meeting to try to separate the registration process from the enforcement process. Este -Green stated that one of the main issues was the possible punitive nature of the original revision which had been brought to the Community and Organizational Issues Committee in December 2008 where no concerns were raised. When the legislation was brought back to the Committee in March 2009, new concerns were raised regarding the punitive nature of the original legislation. The Committee was not sure they wanted to impose a penalty when the only offense was having a non - registered bicycle. The police department was invited to explain their vision for the revised ordinance. Mayo felt that there would be a small percentage of people who would not register their bikes. The police department is planning events to educate and engage the public as to the process and the benefits. Este -Green stated it is difficult, from a legal standpoint, to pass legislation that you do not intend to enforce. Mayo suggested the possibility of changing the fee structure. Korherr left at 9:09 Este -Green offered the idea of a tiered fee structure as a way to handle the concern. Clairborne suggested having a grace period where the public is informed they would not receive a penalty until a later date, should the bicycle remain unregistered. Coles felt it is important that there is consistency in this legislation. Because the Bicycle Pedestrian Advisory Council has been involved from the start she felt confident about the legislation. She is in favor of reducing the amount of the fines but feels there should definitely be fines imposed. Este -Green asked if the Committee would like a tiered fee system and will make revisions to the legislation to reflect this. Adjournment On a motion by Coles, seconded by Tomlan, the meeting was adjourned at 9:24 p.m. Jody Andrew, Exec. Assistant J.R. Clairborne, Chair