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HomeMy WebLinkAboutMN-LEG-2009-06-22 DRAFT COPY- NOT YET APPROVED BY MEMBERS OF THE LEGISLATIVE COMMITTEEE Legislative Committee Meeting Minutes Regular Meeting 7:00 p.m. June 22, 2009 PRESENT: Mayor Carolyn Peterson Alderpersons (5) J.R. Clairborne Chair; Mary Tomlan Vice Chair; Maria Coles; Jennifer Dotson;Joel Zumoff; Robin Korherr (absent) OTHERS PRESENT: Julie Conley Holcomb - City Clerk Dan Hoffman-City Attorney Donna Este-Green- Assistant City Attorney (for Bicycle Registration legislation) Officer Ryan Mayo - IPD (for Bicycle Registration legislation) Jim Miller - Attorney for the Hangar Theatre Lisa Bushlow - Executive Director of the Hangar Theatre Olan Mack, Director of Southside Community Center (for Congo Square Market) Jemila Sequeira -Cornell Cooperative Extension Coordinator (for Congo Square Market) Jody Andrew - Exec. Assistant MEETING CALLED ORDER Chair Clairborne called the meeting to order at 7: 11 p.m. PUBLIC COMMENT Ted Schiele, Groton, spoke to the Committee in favor of tobacco-free zoning and smoke-free commons, etc. and expressed frustration that the subcommittee for Outdoor Smoking has not met to move the regulations further. He has received numerous calls from citizens asking what can be done to take action on this measure. Clairborne asked that he leave his written comments to be entered into the minutes of this meeting. (See attached Appendices.) Robin Presthus, Lansing H.S. Junior and member of Tompkins County Reality Check, stated that Reality Check members are committed to working hard to keep the issue of Smoking Regulations on the agenda. The teens have traveled to Albany to express concern that laws are not being passed to promote smoke-free/tobacco-free communities. Mairi Cardone, Lansing resident and member of Reality Check, thanked the Committee for the opportunity to speak in support of the proposal for Outdoor Smoking Regulations. She expressed disappointment in that the proposal was not on the agenda the month because it is very important and needs to be addressed. She has written letters to the subcommittee and has also addressed the Youth Council. Sarah Mogil, Lansing H.S. Junior and member of Reality Check, thanked the Committee for the listening as she spoke in favor of the proposed Outdoor Smoking Regulations. She has been waiting so long to get this legislation passed. She expressed concern about health risks and the environmental impact on smoking in the community. DRAFT COPY- NOT YET APPROVED BY MEMBERS OF THE LEGISLATIVE COMMITTEEE Andrejs Ozolins, 733 Cliff St., spoke in favor of the proposed Bicycle Registration legislation being strictly voluntary. He expressed concern that making a compulsory registration would be a marketing catastrophe. David Nutter, Bicycle Pedestrian Advisory Council (BPAC), supports the proposed Bicycle Registration legislation. He felt that if it were voluntary to register bicycles that people simply would not do it. (He emailed the Committee his written comments, I believe) Greg Rothman, 705 N. Aurora St., spoke re: the proposed Bicycle Registration legislation. He felt the goal to encourage people to bike safely was favorable; however, he felt that making it mandatory to register a bicycle would create animosity and a confrontational situation between the public and the police. He did feel that a voluntary program would be successful. Dirk Trachy, 514 N. Aurora St., expressed his opinion that he is not in favor of making bicycle registration mandatory. He felt that the idea of a non-compulsory registration with an education campaign to reach out to the public would be beneficial. He is concerned about out of town visitors will be affected and asked for clarification on enforcement. Joel Harlan, Newfield resident, spoke to the Committee regarding the Outdoor Smoking legislation. He felt that people would smoke regardless of the law. RESPONSE TO THE PUBLIC BY COMMITTEE MEMBERS; PRIVILEGE OF THE FLOOR Coles stated she was glad to hear what the public had to say. She also expressed her disappointment in the fact that the Outdoor Smoking regulations had not been brought forward and she would like an update. Tomlan thanked all of the speakers. She would like to see participation of the Ithaca Youth Council as the subcommittee for Outdoor Smoking Regulations moves forward. Dotson thanked all of the speakers. She also expressed an interest in receiving updates regarding the Outdoor Smoking Regulations. ANNOUNCEMENTS FROM THE CHAIR Clairborne stated that he will contact the subcommittee working on Outdoor Smoking legislation for an update. He also thanked everybody who spoke regarding the proposed Bicycle Registration. APPROVAL OF MINUTES The May 18, 2009 draft Minutes will be considered for approval at next month's meeting. ACTION ITEMS Hangar Theatre Lease Coles moved and read the resolution for the new lease between City and CAI (Hangar Theatre). DRAFT COPY- NOT YET APPROVED BY MEMBERS OF THE LEGISLATIVE COMMITTEEE INSERT RESOLUTION Coles stated that two members of this Committee were on the negotiating team. She is thrilled that the Hangar Theatre exists and offers so much to the community. She hopes that the City can strengthen ties with the Hangar and that they will thrive. Hoffman stated that representatives of the City and the Hangar Theatre are in agreement regarding the proposed lease. It will allow the proposed improvements to begin. The Board of Public Works has granted the necessary approval for changes to the site. He believes they now only need approval of the Common Council. Lisa Bushlow, Executive Director of the Hangar, thanked Mayor Peterson, the Legislative Committee, City Attorney Hoffman, and Hangar Attorney Jim Miller,who volunteered his time. All involved worked diligently to make this happen quickly. She was excited that the improvements will finally be made. Mayor Peterson asked Hoffman about the need for a public hearing at the Common Council meeting. Hoffman confirmed the legal ads have been published twice already. Tomlan felt this Agreement is a good standard for other potential agreements as a number of issues were addressed that will be useful for future negotiations. On a motion by Coles, seconded by Tomlan, the resolution was carried unanimously. Congo Square Market License On a motion by Dotson, seconded by Tomlan, Dotson read the proposed resolution. INSERT RESOLUTION Hoffman stated although it has not been a part of the City's thinking for many years that this land was parkland, it appears it was intended to be parkland and can only be used for park- related uses. This market would be a park-related use. Under the new ordinance for use of City land, this would require the approval of the Common Council. The Clerk's office helped to customize an application. The hope is to have everything in order before the second Friday in July. Hoffman suggested that this Committee may want to allow for an extension instead of having this go back to Common Council. Olan Mack, Director of Southside Community Center, stated that, based on the first two weeks of the event, there is a desire to continue until the weather does not permit the Market to continue. Jemila Sequeira, Cornell Cooperative Extension Coordinator, thanked the Committee and others present for helping to support this and move it forward. They will continue to work with the Southside Community Center to provide support to the community and to help get people more involved. Sequeira thanked all involved on the behalf of Jhakeem Haltom, DRAFT COPY- NOT YET APPROVED BY MEMBERS OF THE LEGISLATIVE COMMITTEEE founder of the Market, and Kirtrina Baxter, who were unable to attend. Clairborne asked if someone would share what the Congo Square Market is. Mack stated Haltom had approached him with idea to engage the public from a nutritional standpoint and for the entrepreneurial aspect. People will sell their own wares, vegetables, etc. The original Congo Square Market originated in New Orleans as a gathering place for slaves on Sunday to eat and to remember their identity outside of slavery. Haltom had expressed concern that people of the community would like to eat healthy but may feel uncomfortable going outside their own environment to get it. The Market will promote health and wellness around nutrition and activity. Dotson asked if the Committee would authorize the Market until the end of October 2009. Peterson commented how the change of vegetables with the seasons would be very nice and had no objection to extending the approval period for the market. Hoffman recommended possible changes to the resolution. Coles moved changes as dictated by Hoffman, seconded by Dotson, and carried unanimously. Zumoff asked about issue of sales tax. Whose responsibility is it? Hoffman stated the vendors do not occupy space that is parkland but they do pay the meters. Under current policy, the City does not charge the vendors. His understanding is the vendors will be responsible for sales tax, not the City. Clairborne thanked Mack, Sequeira, and Haltom for bringing this to the Community. DISCUSSION ITEMS Proposed legislation,re: Bicycle Registration & Safety Clairborne asked members of the audience interested in this legislation to come forward to join the discussion. There was much discussion of the proposed legislation between the Committee members, as in previous meetings. Coles questioned the purpose of the legislation if registration is made mandatory but with no fee imposed. Tomlan did express concern about out of town visitors and outside residents who regularly ride their bicycles in the City. However, she believes there are a lot of positive ways the public can be educated on safety with the program. Zumoff stated he felt all intended goals were very positive but because enough people seem to have a perceived fear of being harassed, the registration should be voluntary. DRAFT COPY- NOT YET APPROVED BY MEMBERS OF THE LEGISLATIVE COMMITTEEE Este-Green recommended a recess of the meeting to provide the Committee with legal advice as she had some concerns about procedure. Mayo addressed the concern about visitors to the City. They would not be required to register their bikes. The idea behind this program, he informed, was to get a system in place to deal with the anticipation of an increase in bicycles in the community in the upcoming years. The Police Department has a lot of ideas for public education. It is mandatory to have a bike registered now however; there is not an issue of officers harassing the public. That was never the intention. Coles stated that she had never had anybody complain, in her ward, about police officers being disrespectful or of inappropriate behavior on the part of the officers. She stated that, if the Chair thought appropriate, she would like to move to recess the meeting to hear what Este-Green would like to communicate to the Committee. Clairborne asked members of the audience if they had any comments. Trachy, a member of the audience, applauded the intention of the legislation, however, felt people do not want to be forced to do something they don't want to do. Rothman, a member of the audience,felt that a registration sticker would not necessarily get the bicycle back to the owner. Will Kay, a member of the audience, expressed hope that the City adopt this legislation for voluntary registration, not mandatory. He also hopes to see education for bike safety on the roads. Nutter felt there was a need to get the knowledge out to public about why this benefits them so they will obey the rules voluntarily and have a better relationship with police. Mayo stated that bicyclists are supposed to follow the same rules of the road as a vehicle. The police department had planned to hold a detail each year to educate and engage the public and also to promote the relationship with the public. Peterson left at 9:12 Clairborne stated that he heard that few people want it mandatory but people are interested in the benefits, education, incentives, etc. Dotson appreciated the invitation to the audience to join the discussion and felt it was productive. On a motion by Coles, seconded by Tomlan, the meeting was recessed at 9:22 p.m. DRAFT COPY- NOT YET APPROVED BY MEMBERS OF THE LEGISLATIVE COMMITTEEE Dotson came out of the recess at 9:32 p.m. On a motion to Coles, seconded by Tomlan, the meeting was re-adjourned at 9:35 p.m. Zumoff left at 9:36 p.m. Clairborne asked the Committee for feedback. Coles expressed frustration about where the dialogue had headed and would like to drop this proposed legislation over what she feels are irreconcilable differences. Dotson would prefer the registration to be mandatory without the penalty,but is willing to make it voluntary. She is willing to work with Officer Mayo to get the information out to the public. Coles stated there is not funding to carry out an educational campaign. Tomlan stated she would like to see the City be proactive, encouraging registration and safety but to not make it mandatory at this time. Hoffman mentioned that the current law, which has not been repealed, states that before the police register a bicycle, they inspect it to be sure it's safe. Holcomb stated the importance of updating this legislation. A determination will have to be made with regard to repealing the old law. It will take time to develop the tools to implement a voluntary program. Tomlan felt it would be beneficial to look into the programs through Cornell and other agencies. Mayo stated he has been in contact with both Cornell and Ithaca College regarding their current policies and they are sharing information. OR, I could say: There was much discussion of the proposed legislation between the Committee members, as in previous meetings. People in the audience were asked to join the discussion. No further decisions were reached. Next Meeting The next meeting will be on July 27, 2009. Clairborne pulled the Posthumous Honors Protocol discussion from this agenda at this time. ADJOURNMENT On a motion by Coles, seconded by Dotson, Clairborne adjourned the meeting at 10:02 p.m. DRAFT COPY— NOT YET APPROVED BY MEMBERS OF THE LEGISLATIVE COMMITTEEE PUBLIC COMMENT:LEGISLATIVE COMMITTEE MEETING,JUNE 22,2009 T �^5 Thank you Chair Clairborne.My comments are in regard to the proposed outdoor smoking regulations. ez I What will it take for this committee to take action on this measure? 1. October 2007:Resolution—Support for Tobacco-Free Zones and Other Voluntary Steps to Reduce Smoking—Full Council Carried Unan imously 2. January 2008:"Smoke-free Commons"discussed with Ithaca Downtown Alliance board,and approved in concept i 3. May 2008:Establishment of sub committee to"Review proposed smoking � regulations."In voting against establishment of the subcommittee,Alderperson Myrick stated that"he is disappointed that this matter will have to come back to the committee next month for further review,discussion and consideration." 4. August 2008:The Inner-T solution presented to the C&OI committee 5. October 2008:Saw the completion of 15 subcommittee meetings 6. March 2009:After my appearance at the full council meeting,Alderperson Rosario stated,"...that he expects to resume the sub-committee meetings this Spring." 7. March 2009:Presentations by Reality Check youth before this committee 8. April 2009: State Health Commissioner Daines appeared on the Commons to present a Public Health Excellence Award to the Mayor (Dienu!As if that were not enough!) 9. May 2009:At Chair's suggestion to inform the full Council of the City's award,the City Clerk read a statement that I had provided in my absence. 10. May 2009: Ithaca Youth Council endorsed the proposed regulations,and:"Ask(ed) Common Council to act to pass the new smoking regulations during the current Council session" 11. May 2009:I recited a poem at this committee's meeting in which a fifth grader cited the death of her grandmother due to smoking 12. May 2009:Alderperson Coles asked for a progress report at this meeting 13. June 2009:Town of Newfield passed smoke-free parks and playgrounds 14. Numerous calls and comments from local citizens asking when this will happen 15. Thousands of dollars of grant funds that I set aside for signs for the City of Ithaca, which I am now working to spend before the grant ends next month. This is an issue of public health.An issue of a sustainable community. And so,Mister Chair,with the greatest of respect for you and this committee,I ask again: What will it take for this committee to take action on this measure? DRAFT COPY- NOT YET APPROVED BY MEMBERS OF THE LEGISLATIVE COMMITTEEE REFERENCES Minutes of C&01 Committee meeting,May 20,2008: Resolution to Create A Sub-Committee to Review Proposed Smoking Regulations Alderperson Myrick stated that he voted in opposition to this resolution as he feels that the Committee is over-thinking the proposed legislation and that installing appropriate signage would work and would clarify what the regulations are.He further stated that he is disappointed that this matter will have to come back to the committee next month for further review,discussion and consideration. i i Minutes of Common Council meeting,March 4,2009 Privilege of the Floor—Common Council and the Mayor. Alderperson Rosario reported that a lot of work has been done regarding the outdoor smoking issue;however,the regular meetings of the sub-committee were interrupted so that a comprehensive review of the subject could be completed.He stated that he expects to resume the sub-committee meetings this Spring. Minutes of Common Council meeting,May 6,2009 i City Clerk Holcomb read two statements into the record.The first was from Fay Gougakis that voiced her concerns regarding the Phase II of the Cayuga Waterfront Trail. The second was from Ted Schiele,Coordinator of Tobacco Free Tompkins and an employee of the Tompkins County Health Department that acknowledged Common Council's role in the Public Health Excellence Award that was recently presented jointly to the City of Ithaca,the Tompkins County Health Department,and Tobacco Free Tompkins,by New York State Health Commissioner,Richard F.Daines,M.D.,for their "collaborative efforts to protect New Yorkers against exposure to second-hand smoke." i Text of Resolution before Ithaca Youth Council,May 7,2009 THEREFORE,BE IT RESOLVED,that the Ithaca Youth Council endorses the following initiatives,which aim to decrease the presence of the tobacco industry in our community,and reduce the prevalence of tobacco use in the public landscape: 1. Supports Ithaca Common Council initiatives to regulate smoking in outdoor public areas,including but not limited to,all City parks,playgrounds,during public events held on City property,and on portions of The Commons,as currently being drafted by a subcommittee of the Legislative Committee; 2. Asks Common Council to act to pass the new smoking regulations during the current Council session; i