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HomeMy WebLinkAboutMN-G&IMR-2006-01-23 I GOVERNANCE AND INTERMUNICIPAL RELATIONS COMMITTEE PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. January 23, 2006 PRESENT: Chair Zumoff Alderpersons (3) Tomlan, Gelinas, Berry OTHERS PRESENT: Mayor Peterson City Attorney— Hoffman City Clerk - Holcomb Information Management Specialist— Myers Police Officer- Garin EXCUSED: Alderperson Seger MEETING CALLED TO ORDER: Introduction of New Committee Members and Committee Responsibilities: Alderperson Zumoff introduced himself, Chair of the Governance and Intermunicipal Relations Committee, Michelle Berry, Vice Chair, and committee members — Alderpersons Tomlan and Gelinas. Alderperson Seger is also on the committee but was not able to attend the meeting. Chair Zumoff explained that the following departments would be reporting to the committee: the City Clerk's Office, the Information and Technology Department, and the City Attorney's Office. He further introduced City Attorney Hoffman, and Information Management Specialist Myers, who was staffing the meeting. Chair Zumoff stated that the committee would meet the 4th Monday of each month at 7 p.m. Chair Zumoff explained that he is the only member of the committee that was on the previous "Governance Committee". He explained that the committee's responsibilities are to review the City Charter and Code for appropriateness and update as necessary or at the request of city departments to reflect current practices. He further stated that the committee would be involved in the review of contracts and agreements, inter- municipal agreements, annual disclosure forms, and Common Council Rules of Procedures. Chair Zumoff reported on the following topics that the Governance Committee covered in the past two years: Governance & Intermunicipal Relations Committee Minutes January 23, 2006 • Revision of Common Council Rules of Procedure • Creation of New Financial Disclosure Form • Revision of Noise Ordinance • Review of ordinances requested by department head to conform to current practices • Revision of Housing Standards • Revision of Alcoholic Beverage Ordinance • Revisions to Exterior Maintenance Ordinance • Personal Watercraft Legislation • Freedom of Information procedures • Review of County Dispatch Agreement • Revision of Residential Parking Permit System Ordinance • Review of City Agreements • Revision of Non-Discrimination Ordinance • Worked on Aggressive Panhandling Ordinance—this topic will be continued in 2006 and will be one of the first items of business to discuss and prepare an amended ordinance to go Common Council for approval. APPROVAL OF MINUTES; Approval of November 28, 2005 Governance Committee Meeting Minutes — Resolution By Alderperson Zumoff: Seconded by Alderperson Gelinas RESOLVED, That the minutes of the November 28, 2005 Governance Committee meeting be approved as amended. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Chair Zumoff explained that the Natural Areas ordinance distributed in the agenda packets had been separated into two separate ordinances for review, discussion, and approval. PUBLIC COMMENT: Guy Gerard, City of Ithaca, welcomed new committee members and explained that there would be much public participation for future committee meetings. RESPONSE TO PUBLIC BY COMMITTEE MEMBERS: All committee members thanked Mr. Gerard for his warm welcome. 2 Governance & Intermunicipal Relations Committee Minutes January 23, 2006 ANNOUNCEMENTS AND REPORTS FROM COMMITTEE MEMBERS/PRIVILEGE OF THE FLOOR: Chair Zumoff explained that it is his intention to keep the public completely informed of what this committee is discussing and welcomes the public's participation and input. He noted that the City had recently been criticized for not informing the public on the upcoming public forum to consider a request to re-name State Street to Martin Luther King, Jr. Street. He noted that the city had a mailing of over 700 letters to property owners and occupants that live on State Street notifying them of the forum. He further noted that the Ithaca Journal had noted the date, time, and location of the meeting in two separate articles. He stated that the City of Ithaca is committed to open and forthright communication with the public regarding projects, meetings, and events taking place. An Ordinance to Amend Chapter 113 of the City of Ithaca Municipal Code Entitled "Natural Areas Commission" By Alderperson Gelinas: Seconded by Alderperson Berry ORDINANCE 06 - BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1: Section 113-3(A) of Chapter 113 of the City of Ithaca Municipal Code Entitled "Natural Areas Commission" regarding membership; appointment; residency, and terms; and quorum are hereby amended as follows: A. Membership and appointment. (1) The Commission shall consist of 44 nine voting members. (2) The members of the Six Mile Creek Advisory Committee serving at the time of adoption of this chapter shall be appointed to the Commission. Additional members shall be appointed to bring the membership of the Commission up to 44 its full level. (3) The Mayor shall appoint one member from -- - - - - - - - = = = • •=-: _ _ • - _ _ _ . -• , _ : e - _ _ - - _ '- _ ., - _ the City Conservation Advisory Council. The Town of Ithaca Conservation Board may name one member from its ranks, and Cornell University may name one member. 3 Governance & Intermunicipal Relations Committee Minutes January 23, 2006 (4) In addition, the Mayor, subject to the approval of Common Council, shall appoint six members from the public, all of whom shall have a scientific, environmental and/or civic interest in one or more of the designated natural areas, at least three of whom shall have a strong interest in and familiarity with the Six Mile Creek Natural Area and at least two of whom shall have a strong interest in and familiarity with the Ithaca Falls area. The Mayor shall use his or her best efforts to ' ensure that there are members with training or expertise in geology, woodland or forest ecology, and archaeology. At least eight six members of the Commission shall be residents of the City of Ithaca. (5) In addition, the Mayor shall appoint one member of each of the following entities to serve as non-voting liaisons to the Commission: the Common Council and the Board of Public Works. Section 2: Section 113-5 is hereby amended to read as follows: §113-5. Quorum The Commission shall not act on substantive matters without the presence of a quorum, which shall be six five voting members. Section 3. SEVERABILITY CLAUSE. Severability is intended throughout and within the provisions of the ordinance. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 4. EFFECTIVE DATE. This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Discussion followed on the floor regarding the importance of the role of Common Council and Board of Public Works liaisons, and the types of assistance they provide to boards and committees. A Vote on the Ordinance resulted as follows: Carried Unanimously 4 Governance & Intermunicipal Relations Committee Minutes January 23, 2006 An Ordinance to Amend Chapter 114 of the City of Ithaca Municipal Code Entitled "Natural Areas" By Alderperson Berry: Seconded by Alderperson Gelinas ORDINANCE 06 - BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1: Section 114-1(B)(C)(D) of Chapter 114 of the City of Ithaca Municipal Code Entitled "Natural Areas" regarding "Designation of natural areas; boundaries; maps" is hereby amended to read as follows: B. The Six Mile Creek Natural Area consisting of the City-owned parcels in the vicinity of Six Mile Creek, upstream from Aurora Street is a designated natural area of the City of Ithaca . a - - - - - -. . . - - :. - . - : - - -, - . - e - - -• -- - - - - - as of August 5, 1998. In addition to the Six Mile Creek Natural Area, the following natural areas are hereby designated as of , 200 : (1) The Ithaca Falls Natural Area, consisting of the City-owned parcels in the vicinity of Ithaca Falls; (2) The Fuertes Bird Sanctuary, consisting of the City-owned land directly south of the formal, maintained grounds of Stewart Park; and (3) The Southwest Natural Area, consisting of the municipally-owned parcels constituting and in the vicinity of the substitute parkland which replaces the original Southwest Park in the City of Ithaca. The current boundaries of all of the above natural areas are shown on the map or maps dated February 2005, and August 2005, which shall be filed and maintained in the office of the City Clerk. C. The boundaries of the any designated natural areas shall be shown on a maps approved and amended as necessary from time to time by Common Council, which map shall be filed and maintained in the office of the City Clerk. Notwithstanding any other provision herein, any additional parcels of land adjacent to any natural area shown on such a map, which are acquired by the City of Ithaca after the date of such map, shall, for the purposes of this chapter, be presumed to be part of the adiacent natural area, unless the City makes clear in writing a different intention. 5 f ' Governance & Intermunicipal Relations Committee Minutes January 23, 2006 D. Designation as a natural area is not intended to rescind, supersede or otherwise affect the pre-existing or future status of an area (or any portion thereof) as public parkland, except as specified herein. Natural area status is intended as an overlay, such that the requirements associated with such status are added to any requirements or conditions associated with parkland status. Section 2: Section 114-4(C) is hereby amended to read as follows: §114-4 Natural Areas regarding new construction or rehabilitation; approval of changes to adjacent or nearby property C. In the event that physical change to or change in the use of any property adjacent to or within 100 feet of a designated natural area is proposed and requires non-ministerial City approval of any type, the Natural Areas Commission shall be notified in writing as soon as is practical by the involved City board or department, and shall be notified in advance when action may be taken on the proposal or if the nature or substance of the proposal changes. Section 3. SEVERABILITY CLAUSE. Severability is intended throughout and within the provisions of the ordinance. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 4. EFFECTIVE DATE. This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Extensive discussion followed on the floor regarding how this change would affect recommendations that the Southwest Client committee would be making to the Planning, Economic Development, and Environmental Quality Committee as plans are reviewed for the development of that area. Further discussion followed on the floor regarding the intent of the Natural Area Commission with regard to the designation of the Southwest area as a natural area when there are recommendations from the Southwest Client Committee for development of the area into a residential neighborhood including some retail, and parkland. A map has not been created to identify what area they would like designated as park land. Further discussion focused exclusively on parcel 119-1-2 on the proposed Southwest Natural Area map. 6 Governance & Intermunicipal Relations Committee Minutes January 23, 2006 Amending Resolution: By Alderperson Zumoff: Seconded by Alderperson Tomlan RESOLVED, That section (B) 3 be amended to read as follows: "(3) The Southwest Natural Area, consisting of the municipally-owned parcels constituting and in the vicinity of the substitute parkland which replaces the original Southwest Park in the City of Ithaca, excluding parcel 119-1-2, designation of this parcel will be coordinated with the recommendations from the Southwest Area Client Committee." Further discussion followed on the floor regarding the designation of the parcel and the impact of separating parcels out of the proposed natural area map and the reason why the Natural Areas Commission recommended the addition of this natural area to the map. Alderperson Zumoff withdrew his motion and Alderperson Tomlan withdrew her second to the motion. Further discussion followed on the floor regarding having the ordinance go back to the Natural Areas Commission for review of this committee's comments. Ron Herring, NAC member, was in attendance at the meeting and participated in the committee's discussion. He asked that the committee move the ordinance along to Common Council so that the recommended natural areas and the committee's changes could be included in the ordinance for Council review for efficiency purposes. Amending Resolution: By Alderperson Gelinas: Seconded by Alderperson Tomlan RESOLVED, That section (B)3 be deleted and replaced with the following statement: "Additional natural areas may be designated in the future, including, but not limited to the Southwest natural area, consisting of the municipally-owned parcels constituting and in the vicinity of the substitute parkland which replaces the original Southwest Park in the City of Ithaca." Ayes (3) Zumoff, Gelinas, Tomlan Nays (1) Berry Abstentions (0) Carried Discussion followed on the floor regarding how maps designating natural areas would be filed, so that there is record of the chronological changes made to them. Amending Resolution: By Alderperson Tomlan: Seconded by Alderperson Gelinas RESOLVED, That section (C) shall be amended to add the following last sentence to read: "When such acquisition occurs, the Common Council shall approve the amended map." Carried Unanimously 7 } Governance & Intermunicipal Relations Committee Minutes January 23, 2006 Main Motion As Amended: A vote on the Main Motion as Amended resulted as follows: Carried Unanimously DISCUSSION OF POSSIBLE FUTURE INTIATIVES: Chair Zumoff stated that the committee would be looking at the state the of the current City Charter to see what needs to be updated. He further stated there also could be a discussion of a dog park area —which might be in conjunction with discussions taking place with the Community and Neighborhood Services committee. Aggressive Panhandling — Discussion Only— Reference minutes of November 28, 2005 in addition to included material. Chair Zumoff provided an extensive background on this topic for new committee members and stated that this item would be on the agenda for the February 27th committee meeting. He stated that the Ithaca Downtown Partnership, the Commons Advisory Board, and members of the public are very interested in this topic. He encouraged the interested public to come to the meeting to express their opinions and feelings. Chair Zumoff stated that he would contact the Ithaca Journal to see if they can notify the the public that the topic would be discussed at the February meeting. Alderperson Berry expressed concern over why the City is seeing an increase in aggressive panhandling and wondered if that could be investigated, and what services might be offered to these individuals. City Clerk Holcomb and Ithaca Police Officer Scott Garin were available for the committee to ask questions regarding panhandling on the Commons and to explain their experiences with panhandling. City Clerk Holcomb stated that she could invite another officer from the Ithaca Police Department and a Representative from the Red Cross to attend the February meeting to discuss the outreach efforts underway to get some individuals with substance abuse or homelessness/issues the assistance they need. She further stated that further discussion should occur regarding whether this legislation should be city-wide or Commons specific. ADJOURNMENT: On a motion the meeting adjourned at 9:00 p.m. Scka fiyeA4 Sarah L. Myers Joel Zumoffi Information Management Specialist Chair 8