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Home My WebLink AboutMN-G&IMR-2006-12-18 GOVERNANCE AND INTERMUNICIPAL RELATIONS COMMITTEE PROCEEDINGS Regular Meeting December 18, 2006 6:30 p.m. PRESENT: Chair: Joel Zumoff Alderpersons (3) Michelle Berry, Shane Seger, Mary Tomlan OTHERS PRESENT: City Attorney— Daniel Hoffman Information Management Specialist - Cindie Day Mayor Carolyn K. Peterson Alderperson Maria Coles Building Commissioner— Phyllis Radke Director of Planning & Development—Thys VanCort EXCUSED: Alderperson David Gelinas ADDITIONS TO OR DELETIONS FROM THE AGENDA: Chair Zumoff proposed that the discussion regarding changing the City Code to reflect the shorter building inspection cycles mandated by New York State be changed to a proposed Ordinance to be voted on at tonight's meeting. No Committee Member objected. APPROVAL OF MINUTES: By Alderperson Seger: Seconded by Alderperson Tomlan RESOLVED, That the Minutes of the November 27, 2006 meeting be approved as published. Carried Unanimously Quarterly report from the City Attorney's Office City Attorney Hoffman distributed and discussed the following report of the Attorney's Office activities: Summary of Major Developments since Previous Report (in October 2006) 1. Litigation (or arbitration): a. "Overtime" lawsuit against IPD: special counsel working on resolution b. Art. 78 case against BZA: denial of variance overturned; appeal? c. Eminent domain cases, re: Rt. 13 widening: last case settled d. Noise/1St Amendment case: tentative settlement (no cost to City) e. Labor: i. IPFFA specialty medication case: settled ii. Involuntary leave case: City loses iii. Counseling memo/freedom of speech: awaiting arbitrator's decision 2. Policy and procedures: a. FOIL: Changes in law successfully implemented b. Residency requirement: amended by Council c. Rules for Off-Leash Dog Area at Festival Lands: approved, posted 3. Former Ithaca Gun site: a. City Court case commenced; settlement discussions ongoing b. New proposal from owner: discussion and negotiation ongoing c. New Restore NY application possible 4. Southwest Urban Neighborhood: RFQ, procedure approved 5. Water Source: consultant's report finished 6. Dryden Road apartment building: assisted Planning Board; conditioned negative declaration 7. Six Mile Creek area property acquisition: 1 closing, others pending? 8. FOIL appeal conducted (re: IPD hiring process information) 9. Day-and-a-half trainings (emergency management) for City Attorney & "deputy" 10. One Asst. Atty. on leave; temporary assistant in place Summary of Current & Ongoing Work (not covered above) 1. Looking for Interns for Spring semester 2. Meetings (now including most BPW meetings), Trainings 3. FOIL requests (approx. 5 per week go through Atty's Office) 4. Legislation & Policies under review a. Taxicabs (comprehensive update of ordinance) b. Tenant protection: charges/security deposits, contamination notice c. Building & Fire Code changes (to match NYS changes) d. State-mandated training for BZA & Planning Board members e. State-mandated workplace violence prevention program f. Council procedures g. Zoning Ordinance: i. U-1 (parking requirement, etc) ii. Subdivision & infill iii. Rezoning for SW neighborhood? iv. Sign ordinance v. Other h. Protocols: i. Vehicle Use policy ii. Cyber Security Notification iii. License & Encroachment fee policy iv. Handling of Notices of Claim 5. Current & Ongoing Issues (not including litigation; not listed above) a. Real property i. Encroachments, easements, licenses, leases b. Personnel i. Union contracts 1. Firefighters: expired 12/31/05 2. CSEA: expires 12/31/06 3. CSEA Exec: expires 12/31/06 ii. Grievances, arbitration 1. IPD hiring process, decision 2. IPFFA retiree co-pay rate: settlement near? iii. Section 207 claims, meetings c. Other (not necessarily all) i. Cayuga Green 1. Green Garage 2. Bloomfield & Schoen project, including 7th Art 3. Use & status of parking garages ii. Water Source: MOU with Bolton Point; SEQR; authority issues iii. Cayuga Waterfront Trail: submit offers; tape controversy iv. Creek Walk: easement through Gateway property v. Inlet Island: preferred developer agreement vi. Stewart Park boathouse: use by organizations vii. City authority to vacate non-compliant properties viii. University Avenue/Milstein Hall/Forest Home Drive ix. RIBs: lease of City property x. TCAT bus stop (State & Quarry Sts) xi. INHS deed modification 6. Contract Review a. Miscellaneous (typically 1-3 per week) b. Pending (involving policy issues) i. City/County (911 Center) ii. City/County (shared criminal justice data agreement) iii. City/County (parking for jurors) iv. City/IURA (Creek Walk adjacent to Cayuga Green) v. City/Town of Ithaca fire agreement (expires 12/31/07) 7. Notices of Claim (where response is pending from insurance carrier) a. Cascadilla Creek wall collapse b. Restriction on plumbing materials c. Alleged false arrest 8. Summary of Ongoing Litigation a. Handled by insurance carrier (mostly personal or property injury) b. Handled by our office (except where noted): i. Personnel 1. Wright v City (overtime)—special counsel 2. Stern v. City ("free speech" issue, arbitration of counseling memo) ii. Eminent Domain: 1. Goldberg (land beneath Green Garage) — special counsel iii. Other Article 78: 1. Cascade/Ciminelli v. City (contracts for parking garage use) - Issues still unresolved (including tax-exempt status, etc) 2. Varrichio & Valentine v. BZA (appeal?) Monthly report from the Council of Governments: Alderperson Coles reported that the discussion at the last meeting of the Council of Governments was about deer population control. The next meeting will be held on December 28, 2006 and will include a discussion about the location of the communication towers. Monthly Report from the City/Town Joint Study Group: Alderperson Tomlan reported on the second meeting of the City/Town Joint Study Group. The group is still dealing with administrative matters, and they are still in need of a research assistant and additional members. Discussion of City Code changes to Reflect Shorter Building Inspection Cycles Mandated by New York State Building Commissioner Phyllis Radke and City Attorney Daniel Hoffman reported on the mandated changes for shorter building inspection cycles. After extensive discussion it was decided that City Attorney Hoffman would draft a proposed Ordinance to be forwarded to Common Council for consideration at the January 3, 2007 meeting. No Committee Member objected. Amendments to the City Code recommended by Governance Committee, 12/18/06: By Alderperson Berry: Seconded by Alderperson Seger Chapter 210 Housing Standards, Article VII (Apartments) §210-42. Inspections A. At least [E]every five years= all rental dwelling units, except... §210-43. A. {Unchanged) B. Notwithstanding any other provisions in this chapter, on or after January 1, 2007, no certificate of compliance shall be issued for a multiple dwelling, with three or more units, or for a dwelling with five or more unrelated occupants, which has a duration of more than three years. • Subsequent sections in this article (currently B through H) to be re-lettered accordingly (C through I). Carried Unanimously Discussion of City Code Amendment Requiring Training of Planning and Zoning Board Members that is Mandated by New York State Director of Planning & Development H. Matthys Van Cort reported that the New York State Legislature approved a law that becomes effective January 1, 2007, that requires each new member of the Planning Board and Board of Zoning Appeals to complete four hours of training. No training is required for members with terms expiring in 2007 and if members were already re-appointed in 2006, they would not be required to have the training in 2007. The City could opt-out of the training requirement but has chosen not to do so, therefore several logistical details need to be worked out such as: A)Who would do the training program? B) Is there a training program on line? C) Is there a fee? After extensive discussion it was decided that the training would be valuable and that City Attorney Hoffman would draft up a Resolution to bring back to the Committee for consideration. A sub-committee was formed that will include Alderpersons Berry and Tomlan, and a representative from the Human Resource Department. The sub- committee will bring back a training plan in January or February 2007. ADJOURNMENT: On a motion the meeting adjourned at 8:00 p.m. C U l ;1)0,a_k Cindie L. Day Joel Zumoff Information Management Sp ialist Chair