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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.
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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.
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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
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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.
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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.
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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
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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
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