HomeMy WebLinkAboutMN-C&O-1993 Minutes of Meeting of
Charter & Ordinance Subcommittee of
Common Council
A meeting of the Charter & Ordinance Committee of Common
Council was held on June 17, 1993 in the Common Council Chambers,
City Hall, Ithaca, New York. The meeting was called to order at
approximately 7:30 p.m. Initially present were Dan Hoffman,
Chairperson, Neil Golder, John Schroeder and Bob Romanowski. Also
present was alderman John Efroymson.
The committee addressed possible revisions to the towing
ordinance and in particular proposed increases to allowable fees.
Members of the public were present including persons involved in
the towing business.
A motion was made by John Schroeder, seconded by Bob
Romanowski to send back to Common Council a proposed ordinance
revising the fees for ordinary towing from $35. 00 to $45. 00; for
special towing from $60. 00 to $75. 00; for show up fees from $10. 00
to $15. 00; for hookup fees from $15. 00 to $20. 00; and for storage
from $5. 00 to $10. 00. A motion to amend was made by Neil Golder,
seconded by John Schroeder to have the fee for special towing be
amended from $60. 00 to $65. 00. The motion to amend was unanimously
passed. The motion as amended was also unanimously passed.
Dick Booth was present for the remainder of the meeting.
The committee then discussed a proposed ordinance regarding
ethics. A motion to send a proposed ordinance to Council was moved
by John Schroeder, seconded by Dick Booth. After extensive
discussion, a motion was passed with Hoffman, Golder, Schroeder,
and Booth voting affirmatively and Romanowski abstaining.
The Charter & Ordinance Committee then discussed proposed
increases to Council salaries. Four proposals were brought forward
and discussed. No votes were taken on any of these proposals.
Instead it was decided that all four proposals would be brought to
Council.
The committee then discussed the Commons Advisory Board.
Mayor Benjamin Nichols, Jean Deming and Rick Eckstrom joined the
discussion. The discussion included the initial role of the
Commons Advisory Board; issues of membership on the Commons
Advisory Board and activities which take place on the Commons.
Discussion also included the relationship of the proposed BID to
management of the Commons. It was informally agreed that this
matter would be again reviewed in a couple of months.
wp51\chuck\c&osub.min-7/7/93
The Committee discussed a proposed ordinance and a proposed
law granting to the Fire Department and the Building Department the
authority to issue appearance tickets. Rick Eckstrom and Brian
Wilbur joined the discussion. A motion to bring both matters to
Council was made by John Schroeder, seconded by Dick Booth and
unanimously approved.
The Committee then addressed the sign ordinance. Jean Deming
and Rick Eckstrom joined in the discussion. A general discussion
of priorities ensued. It was informally agreed that a special
committee including Dan Hoffman, Dick Booth, Jean Deming, Peter
Dieterich and Leslie Chatterton would be established to attempt to
revise the current sign ordinance.
The Committee then addressed the Six Mile Creek Overseer
Committee. This issue was tabled to next month's meeting.
The Committee then discussed a proposed ordinance regarding
multiple residences. Rick Eckstrom and Brian Wilbur joined the
discussion. The Committee was advised that the Building and Fire
Departments intend to bring, and will probably bring to next
month's meeting, a proposed ordinance regarding fire detection
systems in multiple residences.
By motion unanimously approved, the Committee then went into
Executive Session. It discussed a matter involving potential
litigation in reference to the Television Cable Franchise. No
action was taken in the Executive Session.
The meeting was adjourned at 10:56 p.m.
wp51\chuck\c&osub.min-7/7/93
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CITY OF ITHACA
1 OB EAST GREEN STREET
ITHACA, NEW YORK 14850
OFFICE OF TELEPHONE: (607)274-6504
CITY ATTORNEY MEMORANDUM FAX: (607)272-7348
TO: Dan Hoffman, Chairman C&O Ae
All Members of C&O
FROM: Chuck Guttman, City Attorney
DATE: July 7, 1993
RE: C&O Subcommittee Minutes of Meeting
Enclosed please find a copy of proposed minutes of the June
1993 C&O meeting. If you have any proposed corrections or
additions, please get them to me. Otherwise, I assume there will
be a motion at the July C&O meeting to approve these minutes.
An Equal Opportunity Employer with an Affirmative Action Program" toy Recycled Paper
•
«inr�
t°q CITY OF OF ITHACA
108 EAST GREEN STREET
ITHACA, NEW YORK 14850
OFFICE OF MEMORANDUM TELEPHONE: (607)274-6504
CITY ATTORNEY FAX: (607)272-7348
TO: Dan Hoffman
Members of C&O
FROM: Chuck Guttman, City Attorney
DATE: July 22 , 1993
RE: C & 0 Minutes - 7/15/93
Enclosed please find proposed minutes of the July 15, 1993 C&O
meeting.
"An Equal Opportunity Employer with an Affirmative Action Program" ta Recycled Paper
MINUTES OF MEETING OF THE CHARTER & ORDINANCE
OF THE COMMON COUNCIL OF THE CITY OF ITHACA
Held on July 15, 1993
The meeting was called to order at 7:55 p.m. Present were
Dick Booth, Bob Romanowski and Dan Hoffman. Also present was City
Attorney Charles Guttman.
The Committee discussed the proposal by Rick Eckstrom to have
Building Inspectors issue appearance tickets for violations of City
code. The proposal specifically included reducing the fines for
certain violations with the fines to be greater for second and
subsequent offenses. Mayor Benjamin Nichols, Rick Eckstrom, Brian
Wilbur and Pat Kennedy participated in the discussion. The motion
was made and unanimously passed to adjust the fines for violations
of unkept lawns, litter on private property, insufficient storage
space for household solid waste, portable signs, banners, pennants
and fluttering devices, maintenance of fences, steps, etc. ,
maintenance of accessory structures and front yard parking to
$40. 00 for a first offence, $60.00 for a second offense within one
year period and $100. 00 for a third or subsequent offense within
the one year period.
The Committee then discussed the question of illegal posters.
Present for this discussion was Ken Hallett of the ACB Cafe. It
was informally determined that Charles Guttman would draft a
proposal under which the City would construct Kiosks for posters
and would then lease these kiosks to an entity composed of bars,
nightclubs, etc. The matter would be discussed further after the
proposal had been drafted.
The Committee then discussed a proposed ordinance regarding
fire detection devices. Rick Eckstrom, Brian Wilbur and Pat
Kennedy participated in the discussion. It was informally agreed
that the matter would be discussed at the Committee of the Whole
and come back to Charter & Ordinance for further work.
The Committee then discussed a proposed ordinance setting
forth guidelines and criteria which the City would use in making
responsibility determinations for low bidders. By motion
unanimously passed this proposed ordinance was approved and
forwarded on to Common Council.
The Committee then discussed the proposed bylaws of the Six
Mile Creek Advisory Committee. By motion unanimously passed the
proposed bylaws were forwarded on to Common Council.
The Committee then by motion unanimously passed moved into
Executive Session to discuss possible litigation with American
Community Cablevision. Charles Guttman reported on the state of
pending negotiations which it informally agreed that negotiations
would continue.
The meeting adjourned at 9:45 p.m.
3 CHARTER & ORDINANCE COMMITTEE
The regular monthly meeting of the Charter & Ordinance Committee of
Common Council will be on Thursday, Aug. 19, 1993, 7:30 PM, in Council
Chambers, 3rd floor of City Hall, 108 E. Green Street, Ithaca, NY.
Estimated AGENDA
Times
A. Agenda Review
5 min. B. Chairperson's Report
5 min. C. City Attorney's Report
- ? - D. Public Comment
(The public may also briefly address specific
items when they come up on the agenda)
E. Issues:
40 min. 1. Fire Detection Systems in Multiple Residences
- Proposal from Building Commissioner
& Fire Chief
20 min. 2. Code Enforcement Officers
- Proposal from Building Commissioner
40 min. Towing of Chronic Parking Violators
- Proposal from Police Chief
20 min. 4. Bicycles on the Commons
- Clarification of policy on
"unattended bicycles"
20 min. 5. Dog Waste Clean Up Law
- Referral from Parks Commission &
Board of Public Works
Questions about this agenda should be directed to Daniel Hoffman,
Chairperson, 273-6933, or the City Clerk's Office, 274-6570. Back-up
material for agenda items is available at the Clerk's office.
PLEASE NOTE: Order and time limits for agenda items are TENTATIVE and
subject to change. You may contact the Chairperson for verification.
cc (ATTN) : Rick Eckstrom [#1, #2]
Brian Wilbur [#1]
Harlan McEwen [#3, #4]
Commons Advisory Board (c/o Jean Deming) [#4]
Downtown Ithaca Inc. [#4]
Bicycle Advisory Council (c/o Carl Lagoze) [#4]
Parks Commission (c/o Joann Cornish-Epps) [#5]
'rte cyce,v�%4�r
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CITY OF ITHACA
108 EAST GREEN STREET
ITHACA, NEW YORK 14850
OFFICE OF TELEPHONE: (607)274-6504
CITY ATTORNEY FAX: (607)272-7348
MEMORANDUM
To: Members C&O Committee
Dan Hoffman, Dick Booth, Neil Golder, Bob
Romanowski, John Schroeder
From: Chuck Guttman, City Attorneyd0
Date: August 20, 1993
Re: Draft August Minutes
Enclosed please find a draft of the proposed minutes for the August
1993 C&O meeting.
Enclosure
An Equal Opportunity Employer with an Affirmative Action Program' t4: Recycled Paper
•
•
x- MINUTES OF CHARTER AND ORDINANCE COMMITTEE - AUGUST 19, 1993
� r
A regular meeting of the Charter and Ordinance Committee was called
to order on August 19, 1993 at 7 : 30 p.m. Dan Hoffman, Chairperson,
Dick Booth, Bob Romanowski and John Schroeder were present. Also
present was City Attorney Charles Guttman.
The Committee discussed the issue of fire detection systems in
multiple residences. Present for the discussion were Brian Wilbur,
Rick Eckstrom, and Pat Kennedy. Comments were made to the proposed
ordinance. It was informally decided that the staff would work on
improvements to the proposed ordinance and bring it back to the
Charter and Ordinance Committee in September.
The Committee then discussed the proposed ordinance amending
certain sections of the Zoning Ordinance and the penalty section of
the Municipal Code to provide for enforcement of certain violations
of the Municipal Code by the issuance of appearance tickets with
reduced fines. Present for the discussion were Brian Wilbur, Rick
Eckstrom, and Pat Kennedy. By motions made and unanimously passed,
the proposed amendment to the Zoning Ordinance and proposed
amendment to the Municipal Code were forwarded on to Council.
The Committee then discussed the issue of bicycles on the Commons.
Present for the discussion were Chief McEwen and David Nuttar of
the Bicycle Advisory Committee. Chief McEwen advised the Committee
as to the direction he is giving his police officers regarding
enforcement of violations of bicycles on the Commons. The
Committee requested and Chief McEwen agreed to provide to the
Committee a written statement as to the police policy on this
issue. A proposed ordinance was presented to the Committee
revising the current Municipal Code in this regard. The issue was
tabled until the September C&O meeting so that the Committee could
have input from the Commons Advisory Board and the Bicycle Advisory
Commission.
The Committee then discussed the issue of dog waste on public and
private property. Present for the discussion Joann Cornish-Epps,
Chairperson of the Parks Commission and Neil Schwartzbach. It was
pointed out that the Municipal Code currently includes a provision
making it a violation for the owner of a dog to allow the dog to
defecate or urinate on public or private property other than that
of the owner. It was suggested that the section in the Municipal
Code be revised to delete the reference to urination and to further
provide that it is not a violation of the ordinance if the
excrement is promptly removed. The City Attorney was directed to
prepare a proposed resolution for the September C&O meeting.
The Committee then discussed the question of towing of chronic
parking violators. A proposed ordinance was distributed to
Committee members. Discussion ensued regarding the appropriate
number of outstanding violations which should exist before a
chronic violator's car could be towed and the appropriate notice to
be given to chronic violators. The Committee tabled the matter
until it's September meeting.
The meeting was adjourned at approximately 10:40 p.m.
1
Q CHARTER & ORDINANCE COMMITTEE
The regulate manth4y meeting of the Charter & Ordinance Committee of
Common Council will be on Thurs. , Sept. 16, 1993, 7:30 PM, in Council
Chambers, 3rd floor of City Hall, 108 E. Green Street, Ithaca, NY.
Estimated AGENDA
Times
A. Agenda Review
5 min. B. Vice Chairperson's Report
5 min. C. City Attorney's Report
- ? - D. Public Comment
(The public may also briefly address specific
items when they come up on the agenda)
E. Issues:
25 min. 1. Fire Detection Systems in Multiple Residences
- Revised proposal to be distributed
25 min. 2. Abandoned Shopping Carts
- Discussion of problem & possible responses
20 min. 3. Bicycles on the Commons
- Police Chief's directive on interpretation/
enforcement of current law (Enclosed)
- Recommendations from Bicycle Advisory
Council & Commons Advisory Board
20 mina 4. Towing of Chronic Parking Violators
- Please bring proposed ordinance distributed
at last meeting
15 min. 5. Dog Waste Clean Up Law
- Proposed revision to current ordinance
prohibiting certain acts by dogs
(Enclosed)
- Discussion on enforcement
20 min. 6. Removal of Board or Commission Members for
Non-Attendance
- Proposed Local Law (Enclosed)
30 min. 7. Cable Franchise Dispute
- Bring City Attorney's memo of 9/2/93
.. /0',/ l ?ic: Gh y a. )6-0,y40;
Questions about this agenda should be directed to Richard Booth, Vice
Chairperson, 272-6573, or the City Clerk's Office, 274-6570. Back-up
material for agenda items is available at the Clerk's office.
PLEASE NOTE: Order and time limits for agenda items are TENTATIVE and
subject to change. You may contact the Vice Chair for verification.
cc / ATTN: Rick Eckstrom [#1]
Brian Wilbur [#1]
Cart Owners group (c/o Bob Nash, P&C) [#2]
Bill Gray [#2]
Harlan McEwen [#2, #3, #4, #5]
Commons Advisory Board (c/o Jean Deming) [#3]
Bicycle Advisory Council (c/o Carl Lagoze) [#3]
Parks Commission (c/o Joann Cornish-Epps) [#5]
Cable Advisory Commission (c/o Jim Ferwerda) [#7]
MINUTES CHARTER AND ORDINANCE 09/16/93
A regular meeting of the Charter and Ordinance Committee of the
Common Council of the City of Ithaca was held on September 16,
1993. Present were (Vice-Chairperson) Dick Booth, John Schroeder,
Neil Golder, Bob Romanowski, and Charles Guttman, City Attorney.
Also present were Ben Nichols, Chief McEwen, Pat Kennedy, Rick
Eckstrom, Barbara Blanchard, Jean Deming, Brian Wilbur, and David
Nuttar.
The Committee listened to comments from the public. Claus Nyberg
spoke complaining of a not-for-profit corporation selling clothing
on the Commons. He specifically complained that the clothing being
sold was of the type almost identical to clothing being sold by
merchants on the Commons and was being sold for comparable prices
giving the not-for-profit corporation an unfair competitive
advantage against merchants who have to pay rent. The Mayor spoke
regarding the same subject stating that he had been approached by
merchants regarding this sale and it was his understanding that the
not-for-profit corporation had received a permit properly issued by
the Commons Coordinator and that it was important for the City to
balance the two concerns. A representative from the not-for-profit
group also spoke as did Police Chief Harlin McEwen and Jean Deming.
Paul Glover spoke from the public regarding the issue of bicycles
on the Commons stating that the City should be more hospitable to
bicyclists and, in particular, should not require that unattended
bicycles on the Commons be put into designated racks.
The Committee moved to the first item on the agenda, fire
detections systems and multiple residences. A proposed ordinance
was presented to the Committee by Rick Eckstrom and Brian Wilbur.
The Committee discussed the proposed ordinance and was advised that
staff was still working on it and that the ordinance would be
brought back to Committee in final form next month.
The Committee then discussed the issue of abandoned shopping carts.
Barbara Blanchard and the manager of the P&C store were present and
advised the Committee that this has become a very serious problem
with up to 300 shopping carts per month being taken from the P&C
downtown store alone. Barbara Blanchard apprised the Committee
that she was working with a group of concerned people including
grocery store managers and members from Public Works and they were
in the process of developing a "nucleus of a plan of attack" .
Barbara Blanchard requested that the Committee give that group
sufficient time to develop an appropriate plan which the Committee
agreed to do. Chief McEwen also joined in that discussion.
The Committee then discussed the issue of bicycles on the Commons.
Chief McEwen advised the Committee that he had prepared a
memorandum to his officers advising them as to the state of law and
how it should be enforced and he was requesting any further
direction from Common Council. The most specific concern was
c:\wp51\C&OMinutes\Sept16.93
09/17/93 1
•
regarding whether or not unattended bicycles had to be in
designated racks. Discussion ensued including Chief McEwen, David
Nuttar, Jean Deming, the Mayor, and the Committee. The Chief
agreed to modify paragraph 3 of his memorandum to delete the
language "should be considered abandoned" and replace that with
"can be". The Committee generally agreed that the Chief's
memorandum expressed the current state of the law and was well
done. The Committee stated that they would be willing to consider
proposals from anyone who wished to submit a proposal to change the
existing law.
The Committee than discussed the issue of the authority of the
Chief of Police to designate persons who would have the authority
to regulate traffic. The proposed law was submitted for the
Committee's consideration. The proposed law was moved by Bob
Romanowski, seconded by Neil Golder, and unanimously passed.
The Committee then discussed the issue of a dog waste clean-up law.
Joann Cornish-Epps and the Chief of Police participated in the
discussion. It was moved by Bob Romanowski and seconded by Dick
Booth that the current law be modified to add the phrase "unless
the solid waste is promptly picked up and removed by the owner or
the person responsible for the dog" and not to delete the word
"urination" as had previously been proposed. The motion passed 2
to 1, Neil Golder voting in opposition.
The Committee then discussed a proposal for the towing of chronic
parking violators. Chief McEwen joined in the discussion. It was
moved by Bob Romanowski and seconded by Neil Golder that the
proposal be modified in three respects; namely, to delete the
requirement that the five parking tickets be obtained within one
year; to delete the requirement that the individual receive the
certified letter but only that the certified letter be sent; and
lastly, to include the administrative costs of sending out the
certified letter. This motion was unanimously passed. The
proposed ordinance was then moved by Bob Romanowski, seconded by
John Schroeder, and unanimously passed.
The Committee then discussed the issue of removal of board or
commission members for non-attendance. The proposal was moved by
John Schroeder, seconded by Bob Romanowski, and unanimously passed.
The Committee then moved into Executive Session to discuss the
cable franchise dispute with Time Warner. In Executive Session
Charles Guttman reported that he had received a proposed agreement
from the attorney from Time Warner. The contents of that agreement
were discussed. It was moved by Bob Romanowski, seconded by John
Schroeder, and unanimously passed that the issue be sent on to the
full Council.
The meeting was adjourned at approximately 10:40 p.m.
c:\wp51\C&OMinutes\Sept16.93
09/17/93 2
•
CHARTER AND ORDINANCE COMMITTEE
The Regular Meeting of the Charter and Ordinance Committee of
Common Council will be THURSDAY, OCTOBER 21 , 1993 AT THE YOUTH
BUREAU BUILDING - 2ND FLOOR CONFERENCE ROOM - 7 : 30 P ECM-
AGENDA
OCT 1 5 1993
A. Agenda Review IJ
B. Chairperson' s Report
C . City Attorney' s Report
D. Public Comment (The Public may also rie y address
items when they come up on the Agenda)
F . Issues :
Est . Times
30 Min. ire Detection Systems in Multiple Residences
( vised Proposal to be distributed)
15 Min. 2 . og Waste Clean-up Law
(Proposed Revision to current Ordinance -
Seeing-Eye Dogs) ty�O/cV /9ss/spo.eo /�i�%/ 'f}' -"
30 Min. 3 . Nu ber of Votes required to transfer Festival Lands
20 Min. Vapor Recovery Systems for gas pumps and tanks -
Discussion
10 Min. 5 . Revision of Sign Ordinance -
Time Frame for Sub-Committee
Questions about this Agenda should be directed to Daniel Hoffman,
Chairperson, 273-6933 or the City Clerk' s Office , 274-6570.
Order and time limits for Agenda items are TENTATIVE and subject
to change. You may contact the Chairperson for verification.
CC (ATTN) : Bryan Wilbur (#1)
Rick Eckstrom (#1 and #5)
Richard Farruggio , Disability Adv. Council (#2)
Doria Higgins , Citizen' s to Save Our Parks (#3)
Betsy Darlington, Cons . Advisory Council (#3and #4)
Peter Dieterich (#5)
Jon Meigs (#5)
Jean Deming (#5)
` � V
CHARTER AND ORDINANCE COMMITTEE - AGENDA ITEM 16.1
An Ordinance Amending Chapter 164 Entitled "Dogs and Other Animals"
of the City of Ithaca Municipal Code (exception for seeing eye
dogs)
Ordinance No. 93-
An ordinance amending Chapter 164 entitled "Dogs and Other Animals"
of the City of Ithaca Municipal Code (exception for seeing eye
dogs)
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York, as follows :
SECTION 1. That Section 164-9(C) entitled "Prohibited
Acts" of Article III entitled "Dogs" of Chapter 164 entitled "Dogs
or Other Animals" is hereby amended to read as follows:
" Any owner of a dog or any other person who harbors any dog
in the City of Ithaca shall be in violation of this Article:
C. Except for,handicapped assistance aft±mals in performance
of ter trained duties, causes damage or destruction to public or
private property or defecates (unless the solid waste is promptly
picked up and removed by the owner or other person responsible for
the dog) , or otherwise commits a nuisance on public or private
property other than on the premises of the person owning or
harboring such dog. "
SECTION 2. This ordinance shall take effect immediately and in
accordance with law upon publication of a notice as provided in the
Ithaca City Charter.
18 . PLANNING AND DEVELOPMENT COMMITTEE - AGENDA ITEM 3
WHEREAS, the New York State Department of Transportation has
prepared a Design Report and Environmental Assessment (dated
September, 1993 ) for the rebuilding of two deteriorated bridges and
eight-tenths of a mile of Route 13 south of the City, beginning
just within City limits, and
WHEREAS, Common Council by resolution on December 5, 1990 and
February 6, 1991 urged the D.o.T. to replace these deteriorated
bridges and to retain the existing two-lane width for this section
of Route 13, and
WHEREAS, the September, 1993 Design Report and Environmental
Assessment dismisses further consideration of two-lane solutions
and only considers the "Social and Economic Impacts" and an
"Environmental Assessment" of two very similar four-lane designs,
and
WHEREAS, the construction of a four-lane Route 13 heading north
from the City in the 1960s has had a profound impact on urban/VI/1j'
growth patterns and social and economic trends in the Ithaca area
over the part three decades, indicating that the issue of the
"Social and Economic Impacts" of a four-lane Route 13 heading south
from the City deserves a much more thorough consideration and
analysis than is provided in the current document, and
WHEREAS, the beauty and rural character of the approach to the City
from the south along Route 13 is a significant environmental
resource which could be seriously damaged by the construction of
new four-lane bridges and a widened four-lane road, and the current
document completely dismisses this crucial environmental issue by
stating that "the only measurable visual impact associated with
this project would be the removal of the existing railroad
abutments, " and ,tot /7-
'HE• A the ' y •f Ithac. • iders the widening of th- - 13
• r'dge ove Six M - reek a prior • , the City's
•ncerns, and
WH REAS, - pr' ri• f• Sta e t ansp��rtati• • -xpendit -s should
b for impr� -d mass transit, not fo -xpand- ' ghways; now,
t e . e ire, be it
RESOLVED, That Common Council finds the review of "Social and
Economic Impacts" and the "Environmental Assessment" within the
current document to be seriously inadequate, and be it further
RESOLVED, That Common Council believes this project's magnitude
requires a full Environmental Impact Statement including a thorough
consideration of potential two-lane olution and be it further
414 iier
/i
RESOLVED, That Common Council reaffirms its support for replacement
of the deteriorated bridges and for a project that has basically
the same two-lane width as the existing road, and be it further
RESOLVED, That Common Council's support of a two-lane solution is
not intended to oppose the inclusion of a third lane, in specific
locations, where needed for turning, and be it further
RESOLVED, That the City Clerk be directed to forward a copy of this
resolution to the New York State Department of Transportation prior
to the November 8, 1993 comment deadline.
-OCT-29-1993 11:16 FROM CC =LL -CITY REG'L PLAN TO 92 727348 P.02
NEW BUSINESS: - AGENDA ITEM 2
PROPOSED RESOLUTION - by Richard S. Booth
October 29, 1993
WHEREAS the City of Ithaca owns the so-called Festival Lands comprising
approximately fifteen acres that adjoin the State of New York's Allan H.
Treman Marine State Park; and
WHEREAS there have been various opinions expressed over a period of
years by persons within and outside the City government regarding
whether or not the Festival Lands constitute park land under the
applicable law of this state; and
WHEREAS official maps produced by the City, including but not limited to
the City's zoning map, have for many years denoted the Festival Lands as
park land; and
WHEREAS for more than twenty-five years the City of Ithaca has kept the
Festival Lands as open and partially natural lands; and
WHEREAS, the Festival Lands have been maintained in said open and
partially natural condition by City of Ithaca personnel and/or by State of
New York personnel acting with the acquiescence of the City of Ithaca;
WHEREAS for more than twenty-five years the City of Ithaca has allowed t- @fr '
the Festival Lands to be used by the public for hiking, picnicking, jogging,
bird watching, casual sporting activities, and other outdoor uses
consistent with the long term maintenance of open, natural public park
lands; and
WHEREAS for more than twenty-five years large numbers of residents of
the City of Ithaca and of the Ithaca area have used the Festival Lands as
though they were public park lands for hiking, picnicking, jogging, bird
watching, casual sporting activities, and other outdoor uses consistent
with the long term maintenance of open, natural, public park lands; and
WHEREAS said uses of the Festival Lands are typical of the public's use of
public park lands in countless places across this state; and
•
-;OCT-29-1993 11: 17 FROM Cr =LL CITY REGAL PLAN TO 92727348 P.03
■w/
re
WHEREAS large numbers of residents of the City of Ithaca and of the
Ithaca area consider the Festival Lands to be public park land that is not
in any significant way distinguishable from the state-owned park land
that adjoins the Festival Lands; and
WHEREAS in fact the Festival Lands are not in any significant way
distinguishable from the state-owned park land that adjoins the Festival
Lands; and
WHEREAS applicable New York State law provides that land owned by a
municipal government may, as a result of the use and maintenance of that
land, become public park land through implied dedication; now therefore
BE IT RESOLVED that the Common Council of the City of Ithaca states its
conclusion that the Festival Lands have become and are public park land by
means of implied dedication as defined by the applicable law of the State
of New York; and
BE IT FURTHER RESOLVED that this Common Council intends that all future
actions by the City of Ithaca respecting and/or affecting the Festival
Lands will reflect its conclusion that said lands constitute public park
land by means of implied dedication.
r/lYr r� ,
CITY OF ITHACA
108 EAST GREEN STREET
ITHACA, NEW YORK 14850
OFFICE OF TELEPHONE: (607)274-6504
CITY ATTORNEY M E M O R A N D U M FAX: (607)272-7348
To: Chief Harlin McEwen, Ithaca Police Department
Bill Gray, Superintendent of Public Works
From: Chuck Guttman, City Attorney G
Date: November 15, 1993
Re: C & 0 Committee - Revisions to the Vehicle and Traffic
Ordinance
I have received another phone call from Dan Hoffman wanting to know
the current status of the revisions to the Vehicle and Traffic Law.
He was hoping that we would have something ready to go to C&O this
month and therefore go to Council next month. Please let me know
what progress your departments have made with regard to this matter
and when C&O can expect to receive something from you. Please get
back to me at your earliest convenience regarding this and if
possible prior to Thursday, November 18th, when C&O will meet so I
can report to them.
•
"An Equal Opportunity Employer with an Affirmative Action Program" to, Recycled Paper
•
It I 6 au
CHARTER & ORDINANCE COMMITTEE `
l_._
The regular monthly meeting of the Charter & Ordinance committee of---J
Common Council will be on Thurs. , Nov. 18, 1993, 7:30 PM, in Council
Chambers, 3rd floor of City Hall, 108 E. Green Street, Ithaca, NY.
Estimated AGENDA
Times
A. Agenda Review
5 min. B. Chairperson's Report
5 min. C. City Attorney's Report
- ? - D. Public Comment
(The public may also briefly address specific
items when they come up on the agenda)
E. Issues:
40 min. Fire Detection Systems in Multiple Residences
- Revised proposal enclosed
30 min. Trash Ordinance -
- Discussion of need for consolidated and
more comprehensive ordinance
tevi- - . - . ' - --
30 min. Postering on Utility Poles
- Update on proposal for kiosks
15 min. . Vapor Recovery Systems for Bulk Tanks & Gas Pumps
- Review of new materials
Questions about this agenda should be directed to Daniel Hoffman,
Chairperson, 273-6933, or the City Clerk's Office, 274-6570. Back-up
material for agenda items is available at the Clerk's office.
PLEASE NOTE: Order and time limits for agenda items are TENTATIVE and
subject to change. You may contact the Chairperson for verification.
cc / ATTN: Brian Wilbur ( 1)
Rick Eckstrom ( 1) (2)
Harlan McEwen (3)
Ken Hallett (4)
( ,
•
Minutes of C&O Meeting
December 16, 1993
A regular meeting of the Charter & Ordinance Committee of
Common Council of the City of Ithaca was held on December 16, 1993
in Common Council Chambers, third floor of City Hall. The meeting
was called to order at 8:45 p.m. Present were Vice Chairman
Richard Booth, Bob Romanowski, Neil Golder and Charles Guttman,
City Attorney. Also present were Chief McEwen, Brian Wilbur, Rick
Eckstrom and Ken Hallett.
The committee discussed revisions to the Vehicle and Traffic
law. Chief McEwen advised the committee that his department was in
the process of going over the revised proposed language and that
this task had almost been completed. Once an accurate survey had
been done of exactly what vehicle & traffic should be in the code,
Chief McEwen, Superintendent of Public Works Bill Gray and Charles
Guttman would meet to discuss a few policy issues and prepare
recommendations to the committee. At which time, the issue would
be brought back to the Charter & Ordinance Committee.
The committee then discussed the strategy for reviewing the
fire/smoke detection ordinance. The committee was advised by Rick
Eckstrom that the Mayor was setting up a task force to look into
this issue and that Rick Eckstrom would be recommending to the
Mayor that the Task Force include himself, Brian Wilbur, Charles
Guttman, Landlords, Electricians and other interested persons. The
committee specifically recommended that the committee include a
member of Common Council.
The committee then discussed the question of postering on
utility poles. Charles Guttman presented to the committee a
proposal which he had prepared. This proposal was discussed by the
committee. The committee suggested that the proposal be clear that
the Board of Public Works has the authority to change locations of
kiosks and/or to change the number of kiosks which will exist. The
committee also recommended the agreement have a clear provision for
termination. It was then agreed that the next step was up to the
owners of businesses which use postering as a form of
advertisement. They should, if they wish the City to pursue this
policy, meet and report back to the City that they are prepared to
form an entity which lease the kiosks from the City on the terms
set forth in the proposal. The committee advised Ken Hallett that
he should report back to the City before April 1994 as to what
those businesses are willing to do.
The committee then discussed the need for consolidated and
more comprehensive ordinance regarding trash. It was generally
agreed that while it would be nice to have all the ordinances
regarding trash consolidated, that this was no of the highest
priority. It was further discussed that there are certain other
cwp51\c&ominutes\12-16-93.min
issues regarding trash which should be codified. These include
dumpsters on front lawns, junk cars, garbage placed by individuals
in dumpsters or cans belonging to others, and a clear littering
ordinance. It is agreed that this is an issue which should be
discussed in the future, but do not appear to be of the highest
priority.
The committee decided not to discuss on the issue of shopping
carts, because Barbara Blanchard who is working on this issue was
not present. The committee also decided not to discuss the issue
of review of issues for 1994, other than to note that there is a
long list of C&O issues which have not yet been addressed.
The meeting was then adjourned at approximately 9:45.
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