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HomeMy WebLinkAboutMN-C&O-1990 rY10 RECEIVED Vic. L 0 8 1990 CHARTER AND ORDINANCE COMMITTEE MINUTES OF - JANUARY 11, 1990 ri PRESENT: Peterson (Chair) , Hoffman, Johnson, Schroeder, Romanowski, City Attorney Guttman, Building Commissioner Datz, Police Chief McEwen, Kathleen Tripp, Rich Leonardo I. Handicapped Accessibility - This resolution was referred to C&O by Council. The committee generally agreed that a rewritten resolution should incorporate the Building Commissioner's discretion plus enumeration of specific factors to consider for a decision. II. Noise Ordinance - Three areas of debate were identified. 1. starting hours for noise (7: 30 a.m. versus 8: 00 a.m. ) 2. different weekend hours from weekday hours 3 . permits for noise violations - should there by any, and if so, how regulated. To continue discussion in February. III. Smoking regulation - Revisions are scheduled to be heard on February 13 . A leaflet outlining the State and City law differences will be prepared. IV. The committee was requested to review the SEQR revisions and list items for discussion, including ministerial act, gorge regulations, and adding a table of contents. CP/cjh -CHARTER AND ORDINANCE Y COMMITTEE R F C r iti r n c o q i 4 7:30 P.M. �® 2ND FLOOR CONFERENCE ROOM AGENDA I. Penalties on Miscellaneous Bills II. Smoking Regulations Amendments - Hearing, Resolution III. Handicapped Accessibility - Resolution (Material previously provided by the City Attorney) IV. Noise Ordinance - Resolution (material to be provided by City Attorney V. SEQR - Commence Revision Review VI. Zoning Ordinance - Procedure for Revisions VII. Other Issues: Construction Contracts Requirement for provision of free parking Review 1990 list of issues CP/cjh cc: Mayor Council Media Rich Leonardo Kathleen Tripp Larry Roberts Eric Datz Chief McEwen Betsy Darlington Barbara Hotchkiss Debra Parsons RECEIVED APR 2 6 1990 "CHARTER AND ORDINANCE COMMITTEE MINUTES OF ./ MARCH 13, 1990 PRESENT: Peterson, Shroeder, Hoffman, Romanowski, Johnson OTHERS PRESENT: Dick Booth, Alan Cohen, Police Chief McEwen, Jean Deming, T.J. Tuesdays, Chris Abbuhl, Dave Hawxhurst, City Attorney Guttman, Mayor Nichols, - a number of supporters for the Domestic Partnership Ordinance I. Chris Abbuhl, as spokesperson for a number of people in the Chambers, presented a proposal and background material regarding a domestic partnership ordinance, whereby unmarried but committed partners might receive certain benefits that married spouses receive. It was noted that this issue concerns not only this Committee, but also Human Services and Budget and Administration Committees. The Common Council Committee of the Whole meeting will address which Committee this issue should start in. II. A. Noise Ordinance Discussion By Hoffman: Seconded by Johnson That the hours of 8: 00 am - 10: 00 pm be established for everyday construction hours. Motion Failed (2 - 3) By Romanowski: Seconded by Schroeder That the hours of 7:30 am - 10:00 pm be established for everyday construction hours. Motion Passed (3-2) B. The City Attorney and Police Chief will meet to finalize language on permits for noise exceptions, stressing reasonableness. The Committee felt that no party noise permits should be given between the hours of 12:00 midnight and 8: 00 am. C. It was felt that the use of decibels in the law should be eliminated. III. On a motion by Schroeder and seconded by Johnson the Committee adjourned into executive session to discuss with the Police Chief various incidents at T.J. Tuesdays involving certain individuals. Passed unanimously. No action taken. A. The Committee unanimously approved a revokable license agreement, with certain conditions, to allow the outdoor sale and consumption of alcohol at Simeon's Restaurant during 1990. B. The Committee approved 3-2 (Hoffman, Peterson) a revocable license agreement, with certain conditions and limitations on hours (8:30 pm everyday for alcohol sale and service; and 9:00 pm everyday for alcohol consumption) , to allow the outdoor sale and consumption of alcohol at T.J. Tuesdays Restaurant during 1990. IV. The Committee decided to redraft the City's Environmental - Quality Review Ordinance using the State's format. Booth, Guttman and Peterson will do this. V. After an executive session discussing possible litigation (no action taken) , the Committee considered the repeal of Footnote 1, Section 30. 37 of the Zoning Code. The Committee recommended unanimously to repeal the footnote because of its economic injustice and the encouragement of automobile use. This will go to Committee of the Whole. (Earlier in the meeting, Dave Hawxhurst, of 111 Dryden Road, urged Council to retain this provision - that landlords provide free tenant parking since parking is hard to come by in Collegetown. ) VI. Committee members mentioned three areas to work on - Signage on poles, vapor recovery system legislation, and public urination prohibition. RECEIVED APR 26 1990 CHARTER AND ORDINANCE COMMITTEE MINUTES OF APRIL 10, 1990 PRESENT: Peterson, Hoffman, Schroeder EXCUSED: Johnson, Romanowski OTHERS PRESENT: Carol Seligmann, Police Chief McEwen, Fire Chief - Olmstead, City Attorney Guttman, Mayor Nichols, Diane Williams, Joe Daley, Sherette Wheelis, David Cornelius, Lyman Baker, Gloria Howell, Gary Moravec, Ken Reeves, Marcia Lynch, Pat Kennedy, Jim Mayer, Lyle Neigh, Joe Bargher, Stuart Carpenter, Daniel Rhoads, Chris Abbuhl I. The Committee voted 3-0 to amend the Charter, Section 2. 13 to clarify the role of the Police Board, as recommended by the Chief, the Police Board and the Human Service Committee. The Committee voted 3-0 to amend the Charter, Section 2. 15, to clarify the selection of the members of the Police Department, again as recommended from the above three groups. II. The Committee discussed a proposed ordinance from Dick Booth regarding storage of garbage in the front yard. A subcommittee consisting of John Schroeder, Joe Daley, Eric Datz, Chuck Guttman, DPW and private haulers will meet to create a more comprehensive ordinance. Issues to be discussed include dumpsters in and abutting residential areas, garbage storage in side yards, front yard sheds, exemptions for construction projects. III. The Committee discussed revision or other improvements of our City Code/Charter books. Everyone - from staff to Council - agrees improvement is necessary. The Committee decided to pursue the idea of using a visual scanner to put the books on computer - for easier access and indexing, to invite some code publishers to the Committee, and to explore ways to improve organization within each section. V. The Committee voted 3-0 to revise penalties for non- compliance with fire prevention codes by adding different categories of violations and fine structure. RECEIV ED APR 2 4 199 -17. 1B 17. CHARTER AND ORDINANCE COMMITTEE - AGENDA ITEM 1B Proposed revisions to the City Charter Regarding the Community Police Board and Police Department Section 2.15 Selection of members of Police - Department; - Compensation, duties of [Policemen;] Police Officers [Special Policemen] 1. The Mayor shall appoint all members of the police department. The mayor may appoint [from the police of the City] the chief of police, [four captains and six sergeants] a deputy chief of police, and such captains, lieutenants and sergeants as authorized by the Common Council. The chief of police, staff officers, and [policemen] police officers shall receive for their services such compensation as shall be fixed by the common council. The chief of police, staff officers, and [policemen, ] police officers shall severally possess the powers and authority provided in the Criminal Procedure Law and under all other applicable statutes of this state, other than in civil actions or proceedings. They shall also perform such duties as shall be prescribed by this Charter and the police commissioners for the preservation of the public peace, the care of the city property, and the enforcement of the police regulations and municipal ordinances of the city. It shall be the duty of the chief of police to keep a record of all arrests and of all services performed by [him and by] the Police Department [several policemen, ] and [he shall] keep a record of all articles taken from persons arrested or seized on warrant or otherwise, together with the disposition made thereof. [He] The Chief of Police shall, upon request of the police commissioners, make a report as to the condition of the department, and whether any member of the force is delinquent in the performance of the rules and regulations prescribed [by the police commissioners] for the control and conduct of the [several policemen] police officers, and of the directions given by the mayor or common council in relation thereto. • DELETE ENTIRE PARAGRAPH 2: [2 . The mayor, upon the recommendation of the chief of police, may appoint such special policemen as may be necessary. Such appointments may be for definite terms stated in certificates of appointment or may be for indefinite terms in which latter case such special policemen shall continue as such until their appointments are revoked by the mayor, with or without cause. The certificate of appointment shall set forth, among other things, the term for which such special policemen is appointed or if such appointment is for an indefinite term, the certificate shall so state; it shall also state the limits of the jurisdiction of such special policemen. The city clerk shall keep a record of all such appointments, which shall set forth the name of each special policeman, his address, the term for which he is appointed and the limits of his jurisdiction. All persons heretofore appointed as special police shall continue as such until the expiration of their several terms, or if appointed for an indefinite term, or without term, until their several appointments are revoked by the mayor. ] - underline and bold is new language [ ] is to be deleted RECEN 17. 1A 5/2/90 17. CHARTER AND ORDINANCE COMMITTEE - AGENDA ITEM 1.A Proposed revisions to the City Charter Regarding the Community Police Board and Police Department Section 2.13 Community Police Board - The Mayor shall appoint a Community Police Board, subject to the approval of Common Council. The Community Police Board shall consist of five commissioners, no more than two residing in any one ward of the City. The term of office of each commissioner shall be three years, commencing on the first day of January. No more than two commissioners shall be appointed in any one year. The terms of the three existing commissioners shall continue unchanged. No elected City official shall be a member of the Community Police Board. A commissioner shall hold office until his/her successor shall have been chosen and qualified. A vacancy for an unexpired term may be filled in the manner set forth under this Charter, except that the limitation on the number of appointments per year shall not apply. All commissioners shall be duly qualified electors of the City of Ithaca for at least two years immediately preceding their appointment. All commissioners shall serve without salary. The Community Police Board [shall have the power to enforce within the City the laws of this State relating to the police thereof. It may prefer charges against any member of the police force. It] may [prescribe and enforce] recommend rules, by-laws [ , ] and regulations for the government of the [police force] Police Department of the City, not inconsistent with the laws of this State, which [shall] may be promulgated through the Chief of Police to the whole force [ ; however, the] . The Chief of Police shall have the immediate direction and control of the police in the administration of [such] the rules, by-laws and regulations of the Department. The Community Police Board shall act as community liaison to the [police force] Police Department,, actively fostering positive communication between the police and all segments of the community; it shall make provisions for resolving complaints by the citizenry related to the delivery of police services [and all other matters under its jurisdiction] ; using established procedures, it may recommend action against any member of the Police Department; it shall recommend on its own initiative or at the request of the Mayor, Common Council or the Police Chief on any matter affecting the policy or performance of the [Polie] Police Department, including finances and budget; it shall perform such other related duties as requested by the Mayor or [the] Common Council. [ [Amd. LL#2, 1984; 8/1/84. ] ] underline and bold is new language, [ ] is to be deleted • RECEIVED MAY 29 1990 CLCTL / 16 CHARTER AND ORDINANCE COMMITTEE MINUTES OF MAY 8, 1990 PRESENT: Peterson, Hoffman, Romanowski, Schroeder, Johnson, Chuck Guttman, Eric Datz, Chris Abbuhl, Isabel Walker, Nancy Pringle, Susan Begg, Mike Miller I. Eric Datz explained that elevators need inspection before a certificate of occupancy is issued. Currently, an elevator inspection company performs the inspection for the elevator works. Eric will: (1) meet with an elevator inspector company representative; (2) start to create an elevator ordinance; (3) get an estimate of the number of elevators city-wide; and (4) estimate costs and recommend methods. II. The committee agreed to pursue a zoning change regarding the number of parking spaces needed per seating capacity. In a bar/night club, there are a large number of patrons using standing room, not seats. The concept of using square footage per patron, rather than seats, was discussed. This will return to committee. III. A sub-committee of Charter and Ordinance, the City Attorney, and concerned citizens will meet to draft a domestic partnership ordinance, including possible changes to functional family definitions. IV. The rewriting of SEQR is done and is being typed. The committee agreed to use a 100 ' distance from critical areas as a reasonable measure. Discussion about the square footage for a commercial area as a Type I threshold hovered around 20,000 square feet. Peterson will obtain actual figures for buildings before this figure is finalized. V. The discussion of signage in poles will continue in June, with emphasis on responsibility for the posting and who administers the ticket. CP/cjh ef1� REc5.iVEO CHARTER AND ORDINANCE COMMITTEE SEp9 13� 90 MINUTES OF JULY 17, 1990 Present: Johnson, Peterson, Hoffman, Romanowski, Schroeder (late) Others: Brian Wilbur, Eric Datz, Cookie Paolangeli, Julie Boyle, Chuck Guttman, Barbara Blanchard, Chris Abbuhl, Richard Kinch, Margaret Dwyer, Catherine Hearne, a number of persons supporting a Domestic Partnership Ordinance Julie Boyle presented information on and reasons for recodification and simplification of our City Code and Charter books. She distributed materials and emphasized the problems with our index and supplements. She recommends switching to General Code Publishers. The committee, being generally supportive of the issue, recommended that B&A be approached in August, as well as Council Committee of the Whole. II . The domestic partnership ordinance was completed. Minor wording changes were made, a fee was recommended for application costs, and a purpose section was added. This version passed 3-1 (Romanowski) and will be sent to Council. Richard Kirich spoke against the ordinance, stating that it went beyond Council's authority and insulted society and famlllies. Chris Abbuhl defended the ordinance as recognition of alternative relationships in our society. Bob Romanowski explained his objections because of religious and family beliefs. Dan Hoffman said that the ordinance addresses an areas of societal discrimination. III. The committee unanimously passed an amendment to our maximum occupancy ordinance, giving the Building Commissioner power to grant an emergency 2 month occupancy variance, following specified criteria. Brian Wilbur stressed that the situation should be monitored to see how well this process works. IV. The committee unanimously passed a zoning amendment to link required parking for bars and restaurants to assembly space area rather than available seats. V. The noise ordinance was briefly discussed and will return in August. VI. Bob Romanowski reported that a petition is being circulated regarding governing shade trees on private property. CP/cjh RECEIVED SEP 131990 CHARTER AND ORDINANCE COMMITTEE MINUTES OF AUGUST 14, 1990 Present: Peterson, Johnson, Romanowski, Schroeder Excused: Hoffman Others: Dorothy Sholeen, Stephen Singer, Neil Golder The final touches were made to the noise ordinance. The Police Chief sent a letter supporting the ordinance, with a suggestion of deleting a public hearing for certain noise violations. The Committee discussed enforcement, ticketing, and police support of the ordinance and generally felt that the revisions will greatly improve enforcement. The new ordinance passed 4-0 with an amendment of construction hours to 7:30 a.m. and with deletion of a public hearing. II. The committee briefly reviewed materials prepared by the Clerk's office regarding City representation on Boards and Committees. Chuck Guttman will research State law requirements for certain commissions. The issue will be taken up again• in September. III. The committee and Neil Golder discussed amendments to the ordinance regarding posting of signs. Section C adds a presumption that the vendor of a specified product, service, or entertainment is a person on who placed or caused to be placed such a poster on City propoerty and thus may be charged and fined. Golder feels that this ordinance imposes on First Amendment rights, communication by people with lesser incomes, and small businesses. Romanowski felt that no one has rights to post on others' property. Johnson and Schroeder noted the visual pollution. A subcommittee will meet to clarify possible distinctions between commercial and non- commercial postering, clean-up requirements, enforcement mechanisms, and provision of poster kiosks. IV. The committee passed 4-0 an environemtal assessment form recommending a negative declaration and no further environmental review needed for the revisions to the City Environmental Quality Review Ordinance. CP/cjh RECEIVED 33 1990 , . MINUTES FROM CHARTER AND ORDINANCE COMMITTEE SEPTEMBER 13, 1990 PRESENT: Peterson, Schroeder, Johnson, Hoffman, Romanowski OTHERS: C. Guttman, V. Saul, D. Parsons, D. Schmohe, L. Childers, R. Driscoll I. V. Saul presented a draft Charter amendment to Section 2 .27 that would provide procedures for disciplining department heads. Some minor changes were made on the draft. The committee will revise draft 2 in October, focusing on 2 questions - should the Mayor notify Council when commencing a disciplinary action, and should Council be able to initiate a due process hearing if the officer does not choose to do so. II. The committee voted 5-0 to delete Charter Section 4. 17 ' Collection of County Taxes' because of the new County tax collecting procedures. III. Dan Schmohe reviewed the latest draft of revisions to the Shade Tree Ordinance. A sub-committee was formed to continue work on the revisions. IV. The committee discussed amendments to the Transient Vendors Ordinance. Items considered were creations of a statement of intent of the law, definition of local craftspersons and seller produced wares, time restrictions to define transient business, permits required for everyone but no bond required for craftspeople, and a waiver to the law if amendments aren't ready by November. V. Vehicle idling prohibitions was briefly discussed. C. Guttman distributed the State law regarding idling. CP( h1 MINUTES FROM CHARTER AND ORDINANCE COMMITTEE OCTOBER 11, 1990 PRESENT: Peterson, Johnson, Romanowski, Schroeder, Hoffman OTHERS: V. Saul, C. Guttman, G. Bayer, K. Mitchell, L. Childers, L. Russo, B. Nichols I. George Bayer addressed the committee regarding his support for strengthening the posting of signs ordinance. He feels the postering detracts from the City and that there are public bulletin boards for such purposes. II. Ken Mitchell addressed the committee regarding the noise ordinance. He is disappointed that construction hours were changed from 8 a.m. to 7: 30 a.m. and would favor restricting noise from heavy machinery until 9 a.m. and not on weekends. III. The draft for disciplinary procedure for department heads was finalized. The committee voted 4-1 for the provision that the Mayor notify the Council head of the appropriate committee, as defined by the department head evaluation process, of commencement of a disciplinary procedure. The committee voted 5-0 that the City Charter disciplinary shall be used in lieu of Sections 75 and 76 of the Civil Service Law and that the Charter language allow the right of representation to an officer and that no disciplinary action may be commenced more than 2 years after the occurrence of the alleged act. The entire Charter changes passed 5-0. IV. The amendments to the transient vendor ordinance passed 5-0. The key provisions exempt original handmade products being sold by the artisan who created them and re-define transient retail business as one conducted in a structure which is exempt from payment of property taxes. V. Linda Russo addressed the committee about the adverse health and environmental effects of vehicle idling. Peterson reported that she had received numerous similar complaints. The committee agreed that a local law with local enforcement was better than the State law. A sub-committee will prepare this for the November meeting. VI. C. Guttman distributed the State law on posting of signs and bills. The committee liked its focus on commercial advertising and would like to adopt such language to our local law. This issue will be advertised to the public for the November meeting. OVER VII. The committee requested C. Guttman to create a resolution amending The Commons Rules to once again allow bikes to be walked on The Commons. The Commons Advisory Boards, Bicycle Commission, Downtown Visions Task Force, and Downtown Ithaca Incorporated will all be informed on this amendment and their input solicited. pow �181F El�1...rot• CITY OF ITHACA 10S EAST GREEN STREET ITHACA, NEW YORK 14850 OFFICE OF TELEPHONE 272-1713 MAYOR CODE 607 September 18, 1990 Rachel M. Finn 800 S. Plain Street Apt. 1411 Ithaca NY 14850 Dear Ms. Finn: Thank you for your letter suggesting a law requiring merchants to clean the areas in front of their businesses. I am referring your letter to the Charter and Ordinance Committee of Common Council. Sincerely yours, j . G, Benjamin Nichols Mayor cc: Carolyn Peterson,Chair, C&O Committee BN/ta to t • • RECEIVED SEP 14 090 800 S. 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