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
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RECEIVED SEP
14 090
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