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HomeMy WebLinkAboutMN-LEG-2009-07-27 DRAFT COPY- NOT YET APPROVED BY MEMBERS OF THE LEGISLATIVE COMMITTEE Legislative Committee Meeting Minutes Regular Meeting 7:00 p.m. July 27, 2009 Present: Mayor Carolyn Peterson (absent) Alderpersons (5) J.R. Clairborne Chair; Mary Tomlan Vice Chair; Maria Coles; Jennifer Dotson; Robin Korherr (arrived 7:17) Others Present: William J. Gray,Supt. Public Works Herb Engman, Supervisor Town of Ithaca Meeting Called To Order Chair Clairborne called the.meeting to order at 7:14 p.m. Modifications to the agenda Item 713, Posthumous Honors Protocol, will now be Item 8C. Public Comment Faye Gougakis, Ithaca, expressed her frustration that the County has failed to pass legislation regarding text messaging while driving stating that it was not enforceable. Why are we not being proactive? Locally we should be doing public service announcements and educating the public. She also spoke about bicycle lanes. Cars come dangerously close to cyclists which is a major concern. Funding had been approved for striping on Cayuga and E. State streets only. As Green Street is a major bicycle route, no striping on this street is of concern. Response to the Public by Committee Members; Privilege of the Floor Coles stated that she remembered that monies were appropriated for the striping were for Cayuga and for E. State streets. She has not followed up as to why it was not extended to Green St but will do so. Dotson will speak to BPAC in the hopes of getting this issue on the agenda for August. Announcements from the Chair Charter &Code Review - the name has been modified from Charter Review. Chair Clairborne will speak with committee members about starting a schedule of meetings to review old items of the City Code and Charter. Clairborne asked for a moment of silence recognizing the passing today of Patricia Milton, "Aunt Patty" who is the mother of Lana Milton, Executive Asst. at GIAC. 1 DRAFT COPY- NOT YET APPROVED BY IV EMBERS OF THE LEGISLATIVE COMMITTEE Approval of Minutes On a motion by Tomlan; seconded by Korhe r, the minutes for the May 18, 2009 and June 22, 2009 meetings were both approved with recommended changes. Action Items Authorization of New Offer of Conveyance of Sewer Plant Site into Joint Ownership On a motion by Dotson; seconded by Korhe ; the resolution was read by Dotson and moved with suggested changes. Hoffman stated there were some points of co cern that had been discussed recently. One was defining the ownership. The intention of the agreement is to take into account the excess capacity that has been purchased by the different parties. With regard to the Cayuga Waterfront Trail, 'Engman suggested that 16 feet might be a better width for the permanent easement; however, Logue argues that 20 feet is a better number because it allows for some additional benefits along the trail such as landscaping, benches and signage. The paved portion of the trail is 12 f et and there should be 2 feet on each side that is clear of obstacles for safety purposes. Any costs associated with the conveyance, such as recording fees, etc., should be shared among the partners in the same proportion as their ownership. Engman explained the reason for the odd lad addition to the current site being that if the plant should expand, they would have enough room to do so. Engman had suggested the 16 ft easement for the CWT because that was what the SJC had understood was needed but saw no problem with it being 20 feet. Engman did not see any problems with the temporary easements for construction. It is felt this is a resolution that everybody can live with. The Town is committed to it. Gray stated his impression of the Special Joint Committee's decision recommendation regarding the easement was that they want Ed to provide what was reasonably needed and needed to know why it was needed. Gray stated that the operating expenses ill be divided up differently than ownership percentages. They would be in proportion to use, not ownership. The portions vary over the years. Clairborne asked about the Farmer's Market. Nre they in full understanding? Hoffman stated he has had some informal communication with a representative of the Farmer's Market,Jan Norman. She has not in icated any problem with the modification. It's proposed that the new easement for expansion of the plant be substituted for the original "at risk" area. If the Market were to development improvements in that that are and then the City modify or terminate the lease earlier than scheduled, the City would not compensate the 2 DRAFT COPY- NOT YET APPROVED BY MEMBERS OF THE LEGISLATIVE COMMITTEE Market for any investments made in that area. With this area diminished somewhat, the Market could make some investments and be able to be compensated in a larger area than right now. Tomlan stated her hopes this will be resolved now to continue to move forward in a partnership with these entities. On a motion by Dotson; seconded by Tomlan,with changes. Carried unanimously. (See Appendices A.)INCLUDE RESOLUTION Updates, Discussion Items Regulation of Outdoor Smoking Myrick provided an update to the Committee. The primary purpose of the regulation is to reduce the people's exposure to second-hand smoke in public, City-owned spaces. In walking around the City, the subcommittee proposes to establish no smoking in the following areas: -in or within 25 feet of city playgrounds - at pools, rinks and similar outdoor recreational facilities - smaller parks in the City of Ithaca -the larger parks,Cass and Stewart,would have designated areas for smoking During outdoor festivals, block parties, etc., there would be no smoking. Event coordinators would apply for special permits which would have to be approved in previously agreed-upon designated areas. On the Commons - the inner "T" concept was discussed which has Center Ithaca as the head of the "T". From the Bernie Milton Pavilion on the left down to the playground on the right would be smoke-free. The area would extend down Bank Alley, past where the outdoor food vendors area, and would stop about half way down that street. It was decided to extend the smoke-free area down Home Dairy alley to the area in front of Cinemapolis. The subcommittee feels that the issue is of individual rights. Smokers do have the right to smoke as long as they are not impinging on the non-smoker's right to breathe fresh air. Wherever those two came into conflict, the City's laws should lean heavily toward the non-smoker. Cass Park would have smoke-free areas in and 25 feet around the fields, pool, rink, inside the fences and pavilion. Stewart Park's playground and pavilion area (the area enclosed by inner roads) plus the large pavilion and 25 feet around it. When in active use _for recreational purposes: tennis courts. Inside the Boathouse or within 25 feet of any entrance or exit of. City-owned buildings, such as City Hall would have no smoking within 25 feet of any entrances and exits. All City-owned city owned bicycle or pedestrian trails and walkways such as the Cayuga Waterfront Trail, Six mile creek and Inlet Island Promenade. Some City-owned natural areas would also be regulated including Six Mile Creek, Fuertes Sanctuary, Ithaca Falls and the SW substitute parkland pending designation as a natural area. 3 DRAFT COPY- NOT YET APPROVED BY MEMBERS OF THE LEGISLATIVE COMMITTEE It was decided not to regulate the following areas: - the golf course. - Cemeteries - Parking lots and garages The hope is to have this legislation come befor this committee next month or in September. There should be no smoking at or within 25 ft f any TCAT stop or shelter. The bus drivers would have to stand 25 feet away. Coles wondered if the group would reconside regulating City cemeteries? Myrick will take the question back to the Subcommittee. For facilities leased to licensed others- there should be no smoking within 50 feet. For other facilities that are leased from the City, such as Steamboat Landing, Community Gardens, the RIBS facility,Southside Community Center, the Boathouse, Children's Garden, leases from the City to the IURA that are then sub-leased - all of these are currently unregulated. It would be unlawful to add this regulation as a landlord after the lease has been signed. The City would ask that when the lease is up the clause be added, or if they would volunteer reconsider this amendment. For outdoor dining areas on City property-no smoking would be allowed in the areas when they are in use only. It was decided there should be no smoking wil hin 25 feet of a mobile vending cart on City property. As far as enforcement, it was envisioned to be ised on an as-needed basis. No police details are planned. Various fines would be assigned o each offense. For the first offense, a$75 penalty would be imposed; $150 for the seconc. offense and $250 for the third offense. To receive a$250 fine you would have refused to comply six times. Each violator would receive a warning first. Coles thanked Myrick for the great report. She felt that the Subcommittee has done great work. Korherr asked about holding public hearings before this is brought to Common Council. Hoffman doesn't believe there is a requirement but this can be done. Bicycle Registration legislation Dotson provided comments from Bicycle Pedestrian Advisory Council. They are providing outreach to the community. Dotson will keep the Committee updated from BPAC. 4 DRAFT COPY- NOT YET APPROVED BY MEMBERS OF THE LEGISLATIVE COMMITTEE Posthumous Honors Protocol Clairborne would like a sense from the Committee of how to pull together a protocol placed in the Code Book or as an ordinance, to address the issue of a public servant passing. Dotson left at 8:38 p.m. Coles agrees it would be good to have a protocol in place. Korherr feels it is a good idea for consistency. Tomlan questioned how to decide which act or statement is appropriate for each passing. Clairborne asked Hoffman for an opinion about how to incorporate this. Hoffman stated it might be easier to find a policy in the City Code. As an ordinance, this type of protocol is a procedure that could possibly be connected to Common Council Rules of procedure. Coles stated the need for guidelines about who would be acknowledged and in what way. Clairborne will draft an ordinance for later discussion. On a motion by Coles, seconded by Korherr, the meeting was adjourned at 9: 05. 5 i DRAFT COPY- NOT YET APPROVED BY MEMBERS OF THE LEGISLATIVE COMMITTEE Legislative Committee Meeting Minutes Regular Meeting 7:00 p.m. August 24, 2009 PRESENT: Mayor Carolyn Peterson Alderpersons (#) J.R. Clairborne Chair; Mary Tomlan Vice Chair; Maria Coles; Robin Korherr, (arrived 7:25 p.m.) ;Jennifer Dotson, absent. OTHERS PRESENT: Khandikile Sokoni, Assistant City Attorney Ed Vallely, Police Chief Julie Conley-Holcomb, City Clerk Svante Myrick, Alderperson Eric Rosario, Alderperson Joel Zumoff, Alderperson PUBLIC COMMENT: Vicki Taylor, Director of Marketing &Events for the Downtown Ithaca Alliance, addressed the Committee regarding the impact that the proposed outdoor smoking regulations will have on special events. RESPONSE TO THE PUBLIC BY COMMITTEE MEMBERS; PRIVILEGE OF THE FLOOR: Myrick stated that the proposed regulations allow for a designated smoking area for larger events. Rosario stated that the sub-committee did consider the comments made by Ms. Taylor . The sub-committee decided that there should be higher protections for people during large events where people can't escape easily from the smoke, or when children are involved. Updates, Discussion Items Regulation of Outdoor Smoking Sokoni distributed a concept memo to the Committee members. INCLUDE AS ADDENDUM Korherr arrived at 7:25 p.m. Coles asked if Rosarios's primary difference with other sub-committee members was related to other bans that only apply to areas where children congregate? Rosario answered no. Rosario stated they were looking to back the legislation with scientific data. The Outline INCLUDE AS ADDENDUM of the proposed regulation prepared by City Attorney Hoffman was discussed at length. Some points of discussion included the enforcement concepts and how warnings for a 1St, 2nd or 3rd offense would be tracked and the 25 foot parameter. Clairborne expressed concern about bus stops being included. Rosario stated that Alderperson Cogan is in the process of discussing bus stops with TCAT. i DRAFT COPY- NOT YET APPROVED BY MEMBERS OF THE LEGISLATIVE COMMITTEE Rosario presented a Power Point presentation to-the Committee which will be made available electronically INCLUDE AS ADDENDUM to the Committee as well. Clairborne shared an email from Deputy Fire Chief Tom Parsons regarding signage, implementation, etc. INCLUDE THAT EMAIL AS ADDENDUM?? The sub-committee has completed their work. The City Attorney's office will draft an ordinance. Korherr recommended that the ordinance be drafted from the outline. Mayor Peterson felt the sub-committee should reach out to staff and stakeholders to discuss the signage and implementation roll-out. Rosario stated his willingness to participate. Posthumous Honors Protocol Coles understands the need for guidelines but feels that too much has been included in the proposed protocol. Tomlan felt it would be useful to have suggestions of things that could be done. Holcomb stated the intent was to provide a set of guidelines about what may be appropriate or what may not be appropriate for the situation. Clairborne also stated this was meant to be a guideline. He feels strongly that as a government there is an obligation to observe certain events. Depending on the situation maybe by lowering the flag or recognizing a time of mourning for a lost member of the City or the community. Tomlan asked if the Mayor and Common Council would act on behalf of the Community or as a City employee when honoring another employee? Peterson felt employee recognition would be more meaningful to employees at the Annual Employee picnic. Perhaps a list could be maintained. Coles expressed concern about the difficulty i n distinguishing whether a situation is worthy of recognition or not and felt it would be hard to separate church and state. Also it may be intrusive for the Mayor to declare a time of mourning. Peterson left at 9:50 p.m. Clairborne will finalize the format of the proposed protocol. ADJOURNMENT Clairborne adjourned the meeting at 10:15 p.m. DRAFT COPY- NOT YET APPROVED BY MEMBERS OF THE LEGISLATIVE COMMITTEE LEGISLATIVE COMMITTEE MEETING MINUTES Regular Meeting 7:00 p.m. September 28, 2009 Present: Mayor Peterson Alderpersons (5) J.R. Clairborne, Chair; Mary Tomlan, Vice Chair; Maria Coles; Jennifer Dotson Others Present: Svante Myrick- Alderperson Joel Zumoff- Alderperson Eric Rosario - Alderperson Dan Hoffman-City Attorney Julie Conley-Holcomb-City Clerk Excused: Alderperson Robin Korherr Meeting Called To Order Chair Clairborne called the meeting to order at 7:00 p.m. Modifications To The Agenda No modifications. Public Comment Alex Parillo, Apprenticeship Coordinator for Laborers Local 785, addressed the committee regarding revisions to the City's Apprenticeship Program. He stated that the Department of Labor is beginning a database to track participants in apprenticeship programs throughout the state and that the apprenticeship legislation has worked, though there are areas in the program that are in need of improvement. David Marsh, Business Manager for Laborers Local 785, addressed the committee to express his support for the Apprenticeship Program. He explained that the program assists in creating jobs for local youth and several other municipalities have similar programs. He further stated that current provisions should be reconsidered for ease of administration. Gary Ferguson, Director of Downtown Ithaca Alliance, addressed the committee regarding the outdoor smoking regulations. He expressed the Alliance's support for the regulations, - however, he further expressed concerns regarding monitoring smoking at festivals, additional costs, implementability of boundaries, congregations of smokers, and the impact on Aurora Street with the 25 foot buffer zone. i DRAFT COPY— NOT YET APPROVED BY MEMBERS OF THE LEGISLATIVE COMMITTEE Response to Public by Committee Members; Privilege of the Floor Tomlan expressed her concern that implementation is a theme with both major topics on tonight's agenda, Apprenticeship Policy and Outdoor Smoking Regulations. Rosario responded to the comments regarding the outdoor smoking regulation, stating that there is only one area in the "Inner T" that would be smoke free, allowing 55% of the Commons available for smokers. Chair Clairborne thanked the speakers for addressing the committee and stated that revisions to the Apprenticeship Program are to improve the benefits and intent of the legislation. Announcements of the Chair Rules of Procedure for Common Council He explained the three items that, need to be revised within the rules are attendance, participation, and rules of procedure to the City Code. Chair Clairborne stated that on October 3, 2009, at 11:00 a.m. there would be a rededication of monuments and memorials ceremony in the courtyard at DeWitt Park to honor Tompkins County Veterans. He further stated that monuments had been modified to include additional names that would be honored during the ceremony. Departmental Update City Clerk Update on H1N1 Preparations City Clerk Holcomb addressed the committee regarding plans the City would be implementing for Continuity of Operations Planning given the potential of a flu outbreak, both seasonal and H1N1. As an update, she explained that a Crisis Action Team was appointed in April 2009 that is discussing long term goals and immediate planning procedures as departments are experiencing absenteeism. She explained that Continuity of Operations Planning documents were delivered to each department asking for information from the departments on their ability to handle absenteeism due to illness in various positions. She explained that Phase 1 of the plan included delivering hand sanitizer to every City facility to encourage good hygiene habits. Informational posters have been displayed in each facility to teach people what to do when they sneeze and cough. Employees are encouraged to supplement custodial services by wiping down public areas, desks, keyboards, phones, etc. to protect work areas. Holcomb explained that Phase 2 included a recent meeting with union representatives to discuss tracking systems, such as if an em oyee is out sick with flu-like symptoms, the employee should let someone know so Human Resources can be notified. She further explained that union contracts are being discussed for possible modification to leave usage, waiving the requirement to provide a doctor's note after being absent for three days, and 2 DRAFT COPY—NOT YET APPROVED BY MEMBERS OF THE LEGISLATIVE COMMITTEE shifting Human Resources to provide essential operations to ensure the City continues to function. Holcomb stated that the meeting with union representatives was very productive; a draft Memorandum of Understanding would be created, and continued information would be provided throughout the City. Coles thanked Holcomb for her report and stated that the Workforce Diversity Committee is actively working to diversify the City's workforce. Dotson requested information regarding the number of employee absences due to flu symptoms. Holcomb stated that a baseline has not yet been established. Updates,Discussion Items Apprenticeship Policy Thayer joined the committee for their discussion of this item. Hoffman reviewed the background memorandum that was distributed to the Committee including provisions of the 2005 Common Council resolution and the logistical and fiscal impact on the City. Mayor Peterson arrived at 7:50 p.m. Discussion followed regarding possible revisions to the Apprenticeship Program requirement, including requiring contractors to meet the program's requirements prior to award of contracts, monitoring contracts, imposing sanctions, exemptions to the requirements, and fiscal disparity. Thayer reviewed concerns that were expressed in 2004 when the program was begun and explained that the goal of the bid process was to promote competition. He stated he does not believe the Apprenticeship Policy allows competition to occur, local contractors are unable to bid on contracts that are above a certain threshold, the approval process is cumbersome and difficult for minority and women-owned businesses to participate, and it does not ensure that the required training is actually occurring. He recommended suspending the program while the committee reviews the policy. Coles explained that the purpose of the policy was to encourage good jobs with benefits for local youth and the use of local labor. She expressed concern that the consequences of the policy were not anticipated. Discussion followed on the floor regarding fiscal disparity , between lowest bidders and the lowest bidder with an Apprenticeship Program for recent contracts, and requirements are not clearly defined in bid documents or specification books. Clairborne suggested establishing a working group to discuss potential policy revisions, to include City staff, Common Council members and others as requested. Tomlan requested further information regarding the number of contracts that are required to have the 3 i DRAFT COPY— NOT YET APPROVED BY MEMBERS OF THE LEGISLATIVE COMMITTEE Apprenticeship Program. Peterson suggested generating a list of potential questions, a list of projects since 2005 that were required to have the program, and that Common Council provide direction to the working group. Discussion followed on the floor regarding support for continuing the policy and.costs associated with continuing the policy. The Committee agreed to temporarily suspend the Apprenticeship Program while more information is gathered and the policy is reviewed for revisions. Outdoor Smoking Regulation Rosario distributed a map to the Committee and described the proposed buffer zones around outdoor dining areas, bus shelters, City-owned buildings and the "Inner T" on the Commons. Discussion followed on the floor regarding public health, buffer zone widths, enforcement of the regulations, educating residents and visitors, and the Clean Indoor Air Act. Ted Schiele, Coordinator of Tobacco Free Tompkins Program, joined the Committee for the discussion of this item. He explained that carbon monoxide is one of the major toxins in cigarettes, and enforcement of the Clean Indoor Air Act in outdoor dining areas. Coles left the meeting at 9:30 p.m. Extensive discussion followed on the floor regarding proposed sizes of buffer zones, designated smoking areas for festivals, and implementation and education efforts. Myrick left the meeting at 9:40 p.m. The Committee agreed to recommend a ten foot buffer zone in all areas and to hold a public information session and public hearing in 2010. Action Items Posthumous Honors Protocol This item was not discussed. Adjournment Chair Clairbome adjourned the meeting at 10:00 m. Kathrin D. Gehring J.R.Clairborne Executive Assistant Chair 4